Los Angeles Plea Bargaining

LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER

LA Criminal Lawyer

Ideally, your Los Angeles criminal case will end in a dismissal or a trial win.  If you have a strong defense, the government lacks credible evidence, or if the evidence against you was obtained in an unlawful way, it might very well be possible to completely beat the charges against you and walk away with no conviction and no punishment.  At the same time, a vast majority of criminal cases end in a plea bargain.  Due to the uncertainty/risk, cost, time and emotional drain of the criminal jury trial process, many defendants find that seeking out the best possible plea negotiation is preferable to fighting the case all the way.  Trial can be expensive, and time consuming.  Moreover, if convicted, there will be no guarantees as to the judge's sentence. 

When plea negotiations break down and the prosecution is unwilling to make a reasonable accommodation with a deal, trial may still be the best solution, but it is important to discuss your case in detail with your lawyer to determine what is most important to you, and figure out the best way to make that happen.  Plea negotiations can lead to very favorable outcomes for defendants.  Prosecutors do not have the time to take all of their cases to trial and will often give in to properly made requests by the defense.  In order for a plea deal to go through, the defendant must waive important constitutional rights, namely the right to be proven guilty beyond a reasonable doubt by a jury.  There are many examples of times where plea negotiations may be favorable.  Here are some examples:

PLEA TO LESSER CHARGES
One of the most common reasons that people plead guilty is to avoid being found guilty of the charged offenses.  Sometimes the charges that are filed in a criminal case are serious or carry particularly harsh consequences, as opposed to a different charge.  There are many different reasons to try to plead to a lesser charge and each case is a little bit different.  A permanent felony conviction can have very serious consequences, so a plea to a misdemeanor or a "wobbler" (which can later be reduced to a misdemeanor) will always be preferable to a felony conviction.  Further, a DUI conviction, for example, will lead to a court-imposed driver's license suspension, while a plea to a lesser charge like reckless driving will not.  If your attorney can negotiate your DUI charges down to a "wet reckless" or even simple reckless driving, this may be an important distinction worth giving up your right to a trial.  When charged with multiple offenses or multiple counts, getting some of the charges dismissed pursuant to a plea deal can be a big deal.  "Strikes" under California's Three Strikes Law can also provide motivation to try to negotiate for a lesser charge as opposed to trying to fight the case at trial.

PLEA INVOLVING NO JAIL TIME
Most misdemeanor offenses carry up to 6 months or a year in county jail and felonies carry even longer terms in state prison.  If convicted at trial, the sentencing judge will hear argument from both sides, consider evidence heard at trial and listen to victim impact statements before rendering a sentence.  This sentence might not be any worse than what was offered by the prosecution before trial, but it can be.  Rarely is the prosecution's offer for a plea deal to the maximum.  In fact, in order to induce a guilty or no contest plea rather than having to put in the work to prove a defendant guilty, the prosecution may be willing to offer NO JAIL TIME, community service or a very small amount of jail time.  In felony cases, a plea that does not involve prison time, often called a "joint" suspension may be ideal.  more information about avoiding jail time

IMMIGRATION SAFE PLEA DEAL
Immigration law is complex, but there are certain offenses that carry very serious immigration consequences.  Aggravated felonies, crimes involving moral turpitude, significant misdemeanors, crimes of violence, drug crimes and domestic violence offenses can all mean bad things for non-citizens.  Luckily, there are often lesser charges that can make for a more immigration-friendly plea deal.  more information about immigration consequences

VERY STRONG GOVERNMENT CASE
Sometimes there simply is no chance at winning at trial.  Here, it is vital that you have skilled, passionate, aggressive representation.  Your attorney can help present your good side, and work with the prosecutor and judge to come away with a less punitive deal than if you were to take the case to trial and lose.  A strong government case does not mean that a defendant should take ANY deal the prosecution offers, and it is important to have strong advocacy on your side to improve the circumstances.  Even if a case is not great for trial, there may be other issues (e.g. motion issues) to harp on and force the prosecution into making a better deal.

PLEA TO AVOID PUBLICITY
Trials generate headlines.  Pleading no contest to avoid publicity may be one of the quickest ways to put a criminal case in the past.  If getting a dismissal or acquittal seems unlikely, but would bring negative headlines along with it, a quick and quiet plea negotiation may be preferable.  This is a concern you should always discuss with your attorney to ensure that your defense strategy is consistent with your most important concerns.

AGREEMENT TO TESTIFY AGAINST ANOTHER PERSON
More common in the federal court system, it may be possible to resolve your case more favorably by agreeing to give information or testify against another person in the same case or in a different case.  This is a difficult decision for most people, but is something you should consider discussing with your attorney.

Securing a favorable plea deal can be a difficult process.  Sometimes it is best to come to an agreement early, even involving the detective or investigating officer in the negotiations.  Other times, the best plea deals are achieved by pushing a case towards trial.  It is important to project confidence in the defenses and lack of evidence, while also using the proper mechanisms to present favorable, mitigating factors such as letters of recommendation, evidence or community service, education and self-improvement steps and more.  If you or a loved one is facing criminal charges, it is important to have a passionate, aggressive Los Angeles Criminal Defense Attorney on your side fighting for you.  Whether trial, motions to suppress evidence, motions to dismiss or plea negotiations are right for you, you need a lawyer who understands the process inside and out and can work with law enforcement, the prosecution and the court to get you the best possible outcome. 

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule