The Plea Bargain

 “THE PLEA BARGAIN.  In many cases the resolution of a case involves what is know as a pea bargain. The  first  consideration  should be to determine whether there is a factual or legal basis for having the case dismissed or taken to trial. In the event the situation is one where a plea bargain should be an option for the client  there are important considerations that need to be taken into account. One consideration is whether the case has been overcharged.  What this means is the commonly confronted situation where the prosecutor has overcharged the case.  Crime that have little  basis in fact are added to the formal complaint filed with the court.  Often the prosecutor will ask the defendant to accept a dismissal of charges that should never have been brought in the first place as a part of a “deal”.  These charges added to the complaint that have little basis in fact should not be considered in the bargaining process.  The validity of these charges should be made light of during discussion of the case.  A true plea bargain involves only those charges that have some basis in fact.  The goal should be to present the case such that the defendant is a human being who has worth and a charge should be reduced so the defendant’s life is not ruined and can become a productive member of society.” – Larry Haakon CLough Criminal Defense Southern California


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