Plea Bargains and Plea Agreements Explained.

by criminal defense attorney Vincent Rivera

A vast majority of cases end up pleading out.

When I receive a plea offer, I always ask two questions:

1. What are we getting?

- Are they dismissing charges? Are they agreeing to a below-guideline sentence?

The second question is:

2. Can we do better on our own?

This is a far more difficult question, because that question involves:

What is the likelihood of your legal defenses winning and/or the likelihood of your factual defense winning at trial?

I'll let you in on a little secret: most attorneys will get the exact same plea offer at the beginning of the case, whether you have a court-appointed public defender, or whether you've dropped thousands of dollars on an attorney.

So why do you need a trial attorney?

Why do you need an experienced litigator if you're just going to plea the case out?

Do you have an attorney that's capable of taking something past the initial round of plea negotiations?

That's why you need an experienced litigator - because when plea negotiations break down, we have to fall back to fighting the case.

We have to fall back to filing motions to suppress. We have to fall back to filing motions to dismiss.

We ultimately have to start teeing up for trial, and even down the line, we're trying to set it up for appeal.

The idea is that even if you do want to plea out, sometimes doing these things is enough to get us the plea offer that you're happy with.

Plea Bargaining FAQ's

Although popular TV shows and movies may make it seem like a criminal case is destined to go to trial, immediately after an arrest is made and charges are filed, the truth is that only a tiny number of cases ever make it to trial. Nearly all are resolved with a plea bargain. Since you or your loved one will almost certainly be offered a plea bargain, read this FAQ to learn more about the process.

A plea bargain is when the defendant agrees to enter a plea other than not guilty to one or more of the charges against him or her or to a lesser charge. In return, the defendant is charged with fewer or less severe crimes, receives a reduced sentence, or receives some other consideration. A plea bargain is negotiated between the defense attorney and prosecutor and then formalized at a court hearing. A plea bargain ends the case, and there is no trial or further court appearances other than a possible separate sentencing hearing.

Rivera Law, LLC

115 E. Park St, Suite C

Olathe, Kansas, KS 66061

(913) 210-0844

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