A good criminal defense attorney must be able to evaluate the strengths and weaknesses of a case in order to gain leverage in plea negotiations. It works like any bargaining situation. The side with more to offer will usually win.
Negotiating pleas are a large part of a criminal defense attorney's job. And it does not just come down to luck of the draw. It takes work and detailed investigation of the facts and witnesses involved to get the State to offer a favorable resolution.
A good plea may involve getting some of the charges dismissed, getting 1st or 2nd degree felonies reduced to 3rd degree felonies, or getting felony charges reduced to misdemeanors.
Plea negotiations occur in every type of case. In a DUI case, I may try to negotiate a resolution that includes a breakdown to reckless driving. I may do this through the filing of motions which may get certain pieces of the State's case excluded, such as a breath affidavit, a refusal, or an incriminating statement.
In felony cases, negotiations may include non-prison/non-jail plea offers for serious felonies such as attempted murder, burglary with an assault or battery, and robbery. Contact me for more details about specific cases in which I have negotiated probationary pleas for clients charged with life felonies.
In less serious felony cases, I may try to negotiate a Pretrial Intervention (PTI) disposition where the client does not plead guilty, but agrees to participate in the program in exchange for a nolle prosse (dismissal) by the State. I can then usually help my client expunge their arrest.
You should talk with your criminal attorney about possible plea resolutions. It may be in your best interest if the evidence is not in your favor. If the State's evidence is weak and your criminal lawyer and you believe that the State cannot prove you guilty, you should fight your case and take it to trial.
I represent clients in Miami-Dade and Broward who are charged with a variety of both misdemeanor and felony offenses. Call me to discuss some of my past case results or to discuss your pending criminal matter.