The Importance of Negotiation in the Legal Process: Plea Bargains

 While courtroom dramas on television and in the movies give the impression that most criminal legal cases end up in trial before a judge and jury, the reality is that the vast majority - over ninety percent - are resolved through negotiation. These negotiations, which take place between the defense attorney, prosecutor, and judge, result in a plea bargain, a judgment that falls somewhere between the prosecutor's desire for a conviction on all charges and the defendant's desire for a dismissal or finding of not guilty. District attorney's offices and judges are motivated to negotiate plea bargains because there aren't enough courtrooms, prosecutors, judges, and jurors to have all cases go to trial. https://askcompetentlawyer.com/business-commercial-litigation/ Your defense lawyer has to be able to use this to get you the best possible deal.

A plea bargain can take many forms depending on the alleged crime, evidence, and defendant's criminal history. It might be that a charge is dropped from a felony to a misdemeanor or one charge is dropped altogether if there are multiple charges. It could also involve reduced jail time, deferred entry of judgment, jail alternatives, residential treatment, ankle monitoring or work project.

During negotiation, the defense attorney points out weak evidence, questionable aspects of the investigation and arrest, as well as case law that contradicts the prosecution's argument and supports the defendant's, all with the purpose of having the prosecution question the strength of the case. The defense counsel also points to mitigating factors such as a minimal criminal history. The best outcome is to have the charges dismissed altogether. But when that's not possible, the goal is to get penalties reduced to the absolute lowest level that the DA is willing to accept.

The process of negotiating a plea bargain highlights the importance of having an experienced and skilled defense attorney. To get the best deal for her client, the defense attorney needs to have an up-to-date understanding of the law, be familiar with past actions of prosecutors and judges, and possess superior negotiating skills. From our perspective, it's advantageous to have a defense attorney with past experience as a prosecutor, and thus an understanding of how the DA's office approaches the plea bargain process. This "inside" information is valuable negotiating power.