When you’ve been charged with a criminal offense, there’s a good chance that the prosecution is going to try to obtain a conviction without trial by offering a plea deal. Although agreeing to plea bargain can result in a conviction, it could help you avoid the harshest penalties that otherwise might be imposed if you’re convicted at trial. But you can’t go into your plea negotiations blind. If you fail to develop a strong legal strategy, then prosecutors might bulldoze you during the negotiation process, leaving you worse off than you could’ve been if you had been armed with an effective legal strategy.
So, how do you develop a sound plea negotiation legal strategy that protects your interests? Let’s look at some strategies that you might be able to implement in your case so that you can hopefully achieve the best outcome possible under your unique set of circumstances.
Tips for effectively negotiating a plea bargain
There are a lot of different ways to approach plea bargaining. You have to find the strategy that works best for you given the positioning of your case. That said, here are some options that might prove beneficial for you:
- Figure out the prosecution’s motivation: Prosecutors might have one of several motivations in your case. They simply might be looking to clear your case as quickly as possible with a conviction, or they may be hoping to set an example of you given the crime committed and public perception. If you can identify their motivation, then you’ll be better positioned to seek out resolution that gives them what they want while still protecting your interests as fully as possible.
- Find leverage: There may be weaknesses in the prosecution’s case. And if there are, you might be able to exploit them to secure a more favorable plea deal. For example, if you show that your Constitutional rights were violated during a search and seizure, then you’ll have more leverage to ask for lighter penalties and perhaps even conviction on lesser charges. Before going this route, though, you should carefully assess whether the leverage you possess is enough to secure dismissed charges or to potentially obtain an acquittal at trial.
- Be realistic: If you come into your plea negotiations with an unrealistic expectation of what you can get out of the process, then prosecutors are probably going to shut you down and negotiations will stall. This could leave you at risk of having to take your case to trial when you otherwise could’ve obtained a better resolution through a plea deal.
- Know where you’re vulnerable: Your defense might have some weaknesses, or there may be aspects of the prosecution’s case that you can’t attack. By identifying these problematic areas, you can structure your negotiation strategy around them. That way you know how to try to avoid the issues that could be problematic to your defense and the ultimate outcome in your case.
Do you have an effective criminal defense strategy?
If you haven’t developed one yet, then now is the time to get to work crafting your criminal defense. By being diligent and comprehensive in crafting your legal strategy, you might increase your chances of securing the outcome that best protects your freedom and your future. If you want to learn more about how to do that, then please continue reading our blog and other resources about navigating the criminal justice system.