Plea bargaining is a common part of the criminal justice system, and defense attorneys can use it to help their clients get a better outcome. In a plea bargain, the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or the dismissal of other charges. Plea bargains can be an effective way to resolve criminal cases and can help reduce the burden on the criminal justice system. But knowing what a defense attorney does during plea bargaining is important to make sure the defendant’s rights are protected and the best possible outcome is reached.
Negotiating The Terms Of The Plea Bargain
In plea bargaining, one of the main jobs of a defense attorney is to talk with the prosecution about the terms of the deal. This could mean talking about the charges against the defendant and the possible sentences he or she could get, as well as anything else that might be important to the case, like the defendant’s criminal history or how strong the prosecution’s case is. The defense attorney may also present evidence or arguments to support the defendant’s position and persuade the prosecution to agree to a more favorable plea bargain.
Advising The Defendant On The Risks And Benefits Of Accepting Or Rejecting A Plea Bargain
In plea bargaining, another important job of the defense lawyer is to tell the defendant what the risks and benefits are of accepting or rejecting a plea deal. The defense attorney should explain the potential consequences of pleading guilty, including the potential sentence and any other legal or personal impacts, and should help the defendant understand their options and make an informed decision.
Ensuring That The Plea Bargain Is Legally Enforceable
In some situations, the defense attorney may also be in charge of making sure that the plea deal is legal. This could mean going over the terms of the agreement to make sure they are clear and protect the defendant’s rights. It could also mean negotiating any changes that need to be made to the agreement.
Advocating For The Defendant’s Interests During The Plea Bargaining Process
During the process of negotiating a plea deal, the defense attorney should also be ready to fight for the defendant’s best interests. This could mean making arguments and showing evidence to support the defendant’s point of view, or it could mean negotiating with the prosecution to get better terms for the defendant.
Conclusion
Plea bargaining can be a difficult and complicated process, so it’s important for the defense lawyer to know all of the legal and strategic factors involved. The Tucson defense attorney can help the defendant get the best possible outcome in their case by negotiating the terms of the plea bargain, advising the defendant on the risks and benefits of accepting or rejecting the agreement, and advocating for the defendant’s interests.