A closer look at the plea bargain in a criminal case

Criminal defense attorney San Diego

is your best weapon when
facing criminal charges. Did you know not all cases need to go to
trial? Some cases are dismissed after the preliminary hearing or after a
plea deal. However, for this to happen in your favor, you will need
help from a great criminal defense attorney San Diego..

The criminal justice system has an overburden of cases. As a result,
a majority of criminal cases is settled through a process that is
called plea bargaining. This is a process in which the defendant agrees
to plead guilty instead of proceeding to a jury trial; in exchange for
something in return.

Both sides have to be willing

In order for a plea bargain deal to be achieved, the two sides must
be willing to agree. There is something to be gained by both sides. It
is the work of the criminal defense attorney San Diego
to ensure you get a fair share. The prosecution can benefit from
getting a conviction without spending time and money in trial whereas
the defendant will benefit by getting a reduced sentence or by having
some of the charges against him or her dropped. In other cases, the
prosecution offers a plea deal so in order to save the victim from the
pain of testifying at trial.

Factors that influence a plea deal

It is not all the time when you, the defendant, will like the terms of the deal on the table. Your criminal defense attorney San Diego,
who understands what is at stake, will enlighten you and help you know
if a deal is worth taking or not. There are a many factors that
influence a plea deal. They include:

The seriousness of the crime committedStrength of the evidence Likelihood of a guilty verdict after trial

Criminal court dockets overwhelmed

Regardless of how attractive the deal your criminal defense attorney San Diego
offers the prosecution, the prosecution may refuse to enter into the
plea deal. This is common where the case is serious such as in the
first-degree murder case. On the other hand, if the evidence is in a
way the prosecution feels he might have difficulty convincing the jury
beyond reasonable doubt, then he may be open to a deal.

Bargain prohibited

Not all cases give room to plea bargains. The state has passed laws
prohibiting plea bargains in some cases. For example, a drunk driving
charge cannot be bargained down to a reckless driving in most states.
Repeat offenders, sex offenders and other criminals who might put the
public in danger are often denied plea bargains. The criminal defense attorney San Diego will let you know if you can get a plea deal.

The main reason that a plea deal is given is because of the
overwhelming number of cases in the court system. About 10% of criminal
cases actually proceed to trial. Even so, you will need a good criminal defense attorney San Diego to represent you and help you cut a good deal.

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