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Video: Negotiating a Case

Most criminal cases never go to trial. Between 90-95 percent of criminal cases end up in what are referred to as “plea bargains”.

A plea bargain is simply a negotiation or an agreement between a defense attorney, the defendant, the prosecutor, and the court as to how a case is going to be resolved without going to trial.

As part of that negotiation process, an experienced attorney presents equities or “favorable” information to the prosecution as well as to the court in an effort to obtain the best possible outcome for the client. Those equities can include for example a factual assessment regarding the strengths and weakness of the people’s case or the client’s personal background such as the client’s age, lack of criminal history, and possible motivation for committing the crime, or the attorney’s ability to conduct their own independent investigation to gather possible favorable information.

In addition, and perhaps more importantly, an experienced attorney possesses the ability to effectively advocate for their client and effectively present those equities to obtain a favorable outcome.

Every case is different however, and sometimes, a case can’t be favorably negotiated, and it has to go to trial. It's therefore extremely important that you have an attorney who not only has the experience, knowledge and ability to negotiate a case, but also an attorney who has the experience, knowledge and ability to walk into a court room and take your case to trial.


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