how me and my lawyer won our plea deal

How does a defense attorney negotiate a plea bargain?

A defense attorney should help a client reach a strategic decision by analyzing the strength of the case. If the evidence against a client is strong and conviction at trial is likely, then the attorney has a duty to negotiate a plea bargain, unless the client insists on going to trial.

Should Robert take the plea bargain or go to trial?

Robert isn't likely to prevail at trial and his attorney has negotiated a plea bargain with the prosecutor for a plea to a lesser charge and probation. If Robert were to go to trial and be convicted, he would probably face incarceration. In this scenario, the attorney would normally advise Robert to take the plea bargain.

Can I unwind a plea in my case?

The exact laws and procedures that apply to a case depend on the court system the case is in. If you want to know whether you can unwind a plea, consult an experienced attorney (not one whose poor representation contributed to your current situation).

What happens if I owe money to a previous lawyer?

If you owe money to the previous lawyer for expenses, they have the right to claim payment for those funds if they’re not being disputed. Pay off your balance immediately because the lawyer could hold your case files until they receive payment.

How do I negotiate a better plea deal?

Consider a plea deal offered by the prosecution.Be realistic. If your case is weak, don't expect a dismissal or a great plea deal. ... Be flexible. If the prosecutor offers a plea deal that isn't as good as you had hoped for. ... Don't give in too quickly. Plea bargaining is a negotiation. ... Propose alternatives.

What percentage of cases are settled in a plea bargain?

90 to 95 percentWhile there are no exact estimates of the proportion of cases that are resolved through plea bargaining, scholars estimate that about 90 to 95 percent of both federal and state court cases are resolved through this process (Bureau of Justice Statistics, 2005; Flanagan and Maguire, 1990).

Do all guilty pleas result from plea bargains?

According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."

Is a plea deal worth it?

A lesser charge, lighter sentence, and getting everything over with quickly are some of the benefits of negotiating a plea. For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.

How often do defendants win?

The United States Courts website estimates that more than 90% of federal cases resolve this way. A 2012 New York Times article reported that 97% of federal cases and 94% of state cases end via plea bargain. (See State vs. Federal Prosecution.)

What happens after a plea bargain is reached?

Once the two sides reach an agreement, they will schedule a hearing at which they will present the proposed plea deal to the judge. The judge will decide whether to accept, modify, or reject the deal.

What are the three possible outcomes of a case involving a plea bargain?

These might involve a reduction in the level of the charge, a recommendation for a lenient sentence, or a reduction in the number of charges if the defendant is facing multiple charges.

What are the 3 types of plea bargains?

– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

What are the 4 types of plea bargains?

Learn about charge bargaining, count bargaining, sentence bargaining, and fact bargaining.

Who benefits the most from a plea bargain?

The most obvious benefit is the savings in time and expense to the parties, the court, and the public. In numerous cases the defendant may benefit from the plea bargaining process because he receives a lighter sentence for pleading guilty to a lesser offense.

What are the 5 types of pleas?

Types of PleasInnocent Until Proven Guilty. All persons are presumed innocent until proven guilty. ... Plea of Not Guilty. A plea of not guilty means you are informing the Court that you deny guilt or that you have a good defense in your case. ... Plea of Guilty. ... Plea of Nolo Contendere (No Contest)

Is plea bargaining fair to the victim?

Plea bargains allow victims to avoid testifying in court, which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.

What is a plea deal?

A plea deal is when someone pleads guilty or no contest to one or more charges. These deals are also known as plea bargains. You may take a plea deal to get a more lenient sentence or have other charges dismissed. Usually, a plea deal’s terms are between the defendant and the prosecutor. In general, courts have to approve of the plea deal as well. This is especially the case when the plea deal involves a specific sentence.

What is a plea?

A plea is the response a defendant gives to the charges they face. There are three different types of responses someone can give in a criminal case. These three responses are guilty, not guilty or no contest. A guilty plea means that you admit to committing the crimes as charged by the government. A not guilty plea means you do not admit to committing the crimes as charged by the government. A no contest plea means you accept the charged facts but do not admit guilt. If you plead no contest, you will be convicted and sentenced just the same as you would if you pleaded guilty. Unlike a guilty plea, however, your no contest cannot be used against you in a civil lawsuit by the victim.

What is the difference between guilty pleas and no contest pleas?

Further, guilty pleas and no contest pleas mean that you will not go to trial. You can also attempt to get either guilty or no contest plea convictions expunged. Neither change what happens after conviction, like how soon you go to prison. The difference between a guilty plea and no contest plea comes up after sentencing. If you plead guilty, your admission of guilt can be used against you in a civil lawsuit by the victim. If you plead no contest, however, your plea cannot be used against you.

What is the role of a defense attorney in a plea bargain?

A defense attorney has several functions at the plea bargaining stage. Number one is making sure that a client understands and is informed about everything that is going on in the case. An attorney should always explain each aspect of the case, including:

How to know if you can unwind a plea?

If you want to know whether you can unwind a plea, consult an experienced attorney (not one whose poor representation contributed to your current situation). Talk to a Lawyer.

How to win a claim of ineffective assistance?

Generally, to win a claim of ineffective assistance, the lawyer's performance has to be pretty egregious. But sometimes appellate courts determine that there was ineffective assistance during the plea bargain stage, and that the ineffective assistance changed the outcome of the case.

How does an attorney help a client?

An attorney should also advise a client whether or not to plead by explaining the risks and benefits of going to trial. A defense attorney should help a client reach a strategic decision by analyzing the strength of the case. If the evidence against a client is strong and conviction at trial is likely, then the attorney has a duty to negotiate a plea bargain, unless the client insists on going to trial. (And the lawyer can't admit the client's guilt at trial against the client's wishes.)

What should an attorney explain?

An attorney should always explain each aspect of the case, including: the strengths and weaknesses of the case. the probable outcome of a trial. the terms of the offer, and. the possible sentences. An attorney should also advise a client whether or not to plead by explaining the risks and benefits of going to trial.

Which amendment guarantees the right to an attorney?

The Sixth Amendment guarantees the right to an attorney for anyone faced with criminal prosecution. The Supreme Court has said that this means criminal defendants are entitled to effective representation during the plea bargaining stage.

Can a lawyer's shortcomings lead to a reversal of a guilty plea?

One scenario in which a lawyer's shortcomings can lead to the reversal of a guilty plea has to do with immigration consequences. For instance, failure to advise a defendant that a plea will result in deportation can lead to a successful appeal.

What happens if the prosecution makes an offer that is equal to the sentencing guidelines?

If the prosecution is making an offer that is equal to the sentencing guidelines, you really aren’t getting a deal! Most judges even after a conviction will determine a sentence based on a set of guidelines that are published. Going to trial isn’t about proving your innocence or even being innocent but your risk vs. your reward of litigation.

What does it mean when the prosecutor overcharges you?

The prosecutor or District Attorney has “over charged” you. 1. The offer really isn’t a “deal”. You have strong defense fact witnesses on your side and good character. The evidentiary standard in a criminal trial is guilt beyond a reasonable doubt and that burden is always on the prosecution. Remember that your defense isn’t required ...

What is the standard at a preliminary hearing?

The standard at a preliminary hearing is “by a preponderance of the evidence” which is much lower than the evidentiary burden at trial which we spoke about earlier. If the prosecution’s case is based entirely on hearsay, your defense attorney should consider filing pre-trial motions to get the case dismissed.

What is reasonable doubt?

Remember reasonable doubt is the pause a person would have when faced with a decision of great importance. Criminal trials aren’t about proving innocence but rather telling a judge that he or she should have concern about the evidence and that the prosecution therefore hasn’t met their burden of proof.

What does it mean when a judge believes that your character causes them to pause?

With regards to character, in Pennsylvania and most jurisdictions, good character alone can create reasonable doubt which means that if a judge or jury believes that your good character causes them to pause, the prosecution hasn’t met its burden and he must find you not guilty.

Why do fact witnesses testify?

Fact witnesses will testify as to what occurred on the day in question because they observed it. Character witnesses aren’t being called to testify to what occurred but rather your reputation in the community for being an honest, peaceful, and law abiding citizen.

Is robbery a felony?

A robbery, like an aggravated assault, can be graded as felony of the first, second or even third degree depending upon the circumstances surrounding what happened. If you’re considering a plea offer, your criminal defense lawyer needs to consider not only the charges but the degrees of the offense.

Why do private defense attorneys get better deals?

The presence or absence of mitigating factors is another reason why private defense attorneys tend to get better deals. Defendants who have the resources to hire a private attorney are also more likely to have mitigating factors than defendants who cannot afford an attorney. Mitigating factors are anything, which make a crime “less bad” ...

Why are public defenders in constant war with the DA?

They are constantly in trial, because they represent a lot of defendants whose only viable option is to go to trial. Public defenders must also constantly litigate pre-trial motions and take appeals to the Superior Court.

Do private attorneys get better plea offers?

That being said, not all private attorneys are necessarily going to get better plea offers than public defenders. Private defense attorneys who file frivolous motions, make frivolous arguments, routinely take cases to trial with no viable defenses or who are obnoxious are not going to get good plea offers, and consequently, one is far better off with a public defender than a private attorney, who is reviled by judges and prosecutors.

Do private criminal defense attorneys get better plea deals?

The fact that private criminal defense attorneys always seemed to get better plea deals for their clients than public defenders irked me to no end during the five years that I spent as a public defender at the start of my career as a criminal defense lawyer. This discrepancy in plea offers extended to private counsel versus public defenders was so universally known that my mentor in the Public Defenders’ Office would advise defendants charged with serious felonies, who had no viable defense to raise at trial, that they should hire a private attorney in order to maximize their chances of getting a favorable plea offer. It was not that my mentor was trying to avoid another client on his case load; he legitimately cared about the wellbeing of these defendants and was giving them solid advice.

Is a private defense attorney better than a public defender?

Private defense attorneys who file frivolous motions, make frivolous arguments, routinely take cases to trial with no viable defenses or who are obnoxious are not going to get good plea offers, and consequently, one is far better off with a public defender than a private attorney, who is reviled by judges and prosecutors.

Do defense attorneys ask for favors?

Lastly, I learned early on in my career that each defense attorney has a finite number of favors he or she can ask of prosecutors. The prosecutors are not keeping track of favors; this is all on a subconscious level, but it is still very real, and this give and take applies to any group dynamic situation, from multinational corporate bigwigs to illiterate hunter-gatherers. You cannot expect a prosecutor to agree to an exceptionally lenient sentence in every case, otherwise, such sentences are no longer lenient, but the new normal. Thus, a defense lawyer must be very strategic concerning the timing of and nature of favors. If he asks for too many, he is not getting any, and if he asks for a big favor in one case, then another client might not be getting a favor in the near future.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What to talk about when you plead guilty?

You should talk to them about the risk you are taking if you proceed to trial. What is the evidence against you and what chances do you have of successfully challenging that evidence at trial. You should also consider what you are facing as a sentence if you are convicted at trial (do you have priors and/or sentencing enhancements?) versus the sentence you have been offered if you plead. Once you have all that information, you should sit down and make a carefully thought out decision about what you sho

What to do if you are not guilty of a crime?

However, if you are not guilty, accept no plea and seek advice from a different attorney.

Why did Clarence Darrow defend the killers?

There was precedent for that in that Clarence Darrow defended the killers named Leopold and Loeb because, while he believed them guilty, the prosecutor had insisted on the death penalty, a punishment that Darrow did not support. You can read about this here: Leopold and Loeb - Wikipedia.

Is it hard to overturn a plea deal?

One of the considerations in making a plea deal is that they are generally hard to overturn. A plea of guilty is like a confession, only stronger, so it’s not easy to have it thrown out.

Where to report a lawyer for malpractice?

Report the lawyer to the State bar and contact a legal malpractice attorney.

Can you overturn a guilty verdict?

Here is one possible avenue: You’d have to go to another lawyer, and that lawyer would have to be able to build a case that the first lawyer was incompetent and had given bad advice. Then your grounds for overturning the guilty verdict would be, in part, that you never got a fair trial because first lawyer advised you so poorly. Unfortunately, this is not easy to do, and it’s usually never granted except in the most serious cases, such as capital crimes. But I have heard about it happening in murder trials.

Can a new lawyer tell you the same thing?

Beware, however, that the new lawyer may tell you the same thing, maybe for good reason. The state has to prove its case against you beyond a reasonable doubt. If the state has evidence that tends to show you committed the crime and the jury believes that evidence, you will be convicted. Any attorney has to work with the evidence that is available. If that evidence points to you, whether you did it or not, you are risking conviction.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

What happens if your lawyer knows when your accident happened?

For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What is the responsibility of a lawyer?

Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.

What happens if a case is a smaller case?

It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.