Many people who end up facing criminal charges of any sort know that they might be offered a plea deal to avoid taking their case to court. Plea deals or plea bargains are legal agreements that involve the defendant pleading guilty or no contest to one or more charges in exchange for reduced charges, lighter sentencing recommendations, charge dismissals, and other arrangements that benefit the defendant. What most people don’t know, however, is what exactly happens behind the closed doors of the prosecutor’s office and the criminal defense attorney’s office to negotiate a fair plea deal.
Christina Williams, Founding Attorney of Just Criminal Law in Gillette, Wyoming, recently sat down with Legal Storytelling Specialist David Mann to share her insight into how the typical plea deal negotiation looks “behind the scenes.”
The “5” Steps of Plea Deal Negotiations
The “5” steps of plea deal negotiations between the criminal defense attorney and the prosecutor’s office will usually include:
- Step 0: To begin, the prosecutor will give the defense attorney the evidence that the state intends to use against the defendant, which the defense attorney will review thoroughly. The court will also set deadlines for both parties to follow, including hearing dates to let the court know the status of the case (i.e. if a plea deal has been arranged). Because these steps happen before any plea deal even starts to form, we’re calling it an unofficial “step 0” in the overall plea deal process.
- Step 1: The prosecutor will send the client’s defense attorney an initial offer to accept a plea deal. In most cases, the initial plea deal will hardly reflect a situation that is actually fair for the defendant. All the same, the defense attorney will bring the deal to the client and talk it over.
- Step 2: Oftentimes, the defense attorney and their client do not accept the first plea deal and decide what they want to see in a plea deal instead. Like any sort of negotiation, the process usually involves both sides looking for a way to meet in the middle. This second plea bargain or counteroffer can more closely consider the strength of both sides’ arguments and evidence.
- Step 3: The prosecutor will either accept the counteroffer or decline it to make yet another new plea deal offer of their own. Typically, prosecutors will not make the push to take the case to trial because they would rather secure a “guaranteed victory” by getting a plea deal. For this reason, steps 2 and 3 can repeat themselves multiple times, especially if the court has not set a hearing soon.
- Step 4: If no plea deal is accepted, the client and their defense attorney may decide to push to have the case move to trial. When the case goes before a jury, it could actually be to the defendant’s benefit if the defense attorney doesn’t think the prosecutor has a strong argument.
- Step 5: Alternatively, if a plea deal is accepted, it will be brought to the court at the next available hearing for review. The judge can’t change the terms of a plea deal but can reject it if there are issues with legality. Although, this is rare. When a plea deal is agreed upon by both the prosecution and the defense, judges are very likely to accept it.
Learn More About Plea Deal Negotiations
Would you like to know more about the inner workings of plea deal negotiations between prosecutors and defense attorneys? Head to the YouTube channel of Just Criminal Law by clicking here and watching the full discussion between Attorney Christina Williams and David Mann.
If you need the help of a trusted criminal defense attorney in Gillette, Wyoming, our entire team is ready to stand up for your rights. We handle cases involving assaults, domestic violence, drug crimes, DUIs, homicide, probation violations, sex crimes, theft crimes, and many more. Call (307) 300-2240 or contact us online now.