Most criminal cases resolve with a negotiated resolution, also called a plea bargain or plea agreement. Your criminal defense attorney and the prosecutor will attempt to work out a resolution so the case does not have to go to trial.
There is a clear incentive for the prosecutor: they avoid bringing in witnesses, burning valuable resources, and carrying out a jury trial. On the defense side, if the evidence is sufficient to convict—thus subjecting the accused to harsh statutory penalties—a well-negotiated plea agreement can result in a significantly reduced sentence.
But the question is—when is the right time to strike a deal? Early in the case? Later on? Somewhere in the middle?
The truth is, there is no hard-and-fast rule. Every case dictates its own timeline. However, taking full advantage of opportunities means always striking while the iron is hot.
When to Move Early Resolutions such as Pretrial Intervention (PTI) or Pretrial Diversion must be executed early in the process. Some jurisdictions—such as Broward County—require an accused person to apply for diversion within a strict window after arrest (normally 30 to 45 days). Waiting too long means missing your eligibility window entirely. In that situation, moving immediately for diversion is critical to the client's best interest.
When to Let the Case Develop In other situations, allowing a case to develop and conducting discovery—such as reviewing reports, analyzing evidence, and taking depositions—reveals critical weaknesses in the State's case. Once those weaknesses are exposed, the defense gains tremendous leverage.
I've seen a plea offer go from mandatory prison time down to probation after just a single effective deposition.
The Risk of Depositions in Certain Cases On the other side of that coin, taking a deposition can sometimes cause the State to walk away entirely. In Miami-Dade County, for instance, it is the ironclad policy of the State Attorney's Office to withdraw all plea offers if the alleged victim in a sexual misconduct case is deposed.
No defense attorney handling allegations of sexual battery or lewd and lascivious offenses should ever schedule that deposition without first sitting down with the client, ensuring they understand that the case is likely headed straight toward a jury trial, not a plea.
Why Timing Matters: The "New Sheriff in Town" Phenomenon There is no fixed timetable for plea negotiations because prosecutors move constantly. Some get promoted, some switch units, and others leave the office.
A prosecutor today may have a reasonable approach and a willingness to negotiate, while their successor next month may take a completely hardline stance. A new prosecutor assigned to your case is under no legal obligation to honor an offer made by their predecessor. Furthermore, plea offers frequently come with strict expiration dates attached.
Discuss Your Options With Counsel You are under no obligation to plead guilty or no contest, but you must fully understand what a plea offer entails and weigh the risks and rewards against taking your case to trial.