How to Handle Criminal Plea Negotiations

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

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Nearly 90% of criminal prosecutions in the United States are resolved by a plea bargain. If you have been charged with a crime, you will most likely have the choice to accept a plea deal instead of taking your case to trial. Plea bargains save time for courts and prosecutors, and usually allow the defendant to accept a lighter punishment. Through effective plea bargaining, you can negotiate for a lighter sentence, get out of the court system more quickly, and move on with your life.

Part 1 of 4:

Getting a Lawyer

Step 1 Appreciate the importance of having a lawyer represent you.

Appreciate the importance of having a lawyer represent you. Under almost all criminal proceedings, you are entitled to be represented by a lawyer (exceptions include civil forfeiture cases in municipal court, and in some jurisdictions, first offense DUI cases). Criminal defense lawyers are experts in resolving cases as efficiently and favorably as possible. A criminal defense attorney will be experienced in plea negotiations, and will likely have a professional relationship with the prosecution and judge. A local defense attorney will also have a better understanding of how prosecutors in your area approach plea bargaining. A criminal defendant's right to be represented by an attorney is so valuable that it is guaranteed by the Sixth Amendment to the United States Constitution. [1] X Trustworthy Source United States Courts Official website for the U.S. court system Go to source Although you can choose to represent yourself without a lawyer's assistance, you may place yourself at a severe disadvantage by doing so.

Step 2 Consider having a public defender represent you.