A trial in a criminal case comes with risk and uncertainty. While it can be appropriate to fight charges in court in some situations, the sentences are often harsher if you are convicted at trial rather than through entering a guilty plea. A guilty plea allows the prosecutor to also avoid the preparation and uncertainty of trial, so it is in their interest to induce you to agree to plead guilty. They might offer reduced charges or recommend a lesser sentence to the judge in exchange for a guilty plea.
However, recognize that prosecutors usually negotiate plea bargains with defense attorneys. They might not make favorable offers directly to defendants and, even if they do, it is likely far from the best outcome you can obtain. You want a Wisconsin criminal defense attorney from Hogan Eickhoff to negotiate a potential plea deal on your behalf. Even if you decide to go to trial, you will have all possible options in front of you before you make the decision.
Never plead guilty to any offense without defense representation, as you might forgo a better outcome you might have achieved through plea negotiations. Further, you do not have to accept the prosecutor’s first offer for a plea bargain, as your defense attorney can negotiate for the most optimal agreement.
Prosecutors are often incentivized to make favorable plea offers when appropriate. A trial requires the prosecutor to devote significant resources to a lengthy legal process. They may also run the risk of failing to win a conviction at trial, which might hurt the office’s reputation and their career. Prosecutors want to win convictions without having to go to trial, and they do this through reaching plea deals. This is why most criminal cases are resolved through plea bargains.
Plea bargain negotiations may mean turning down one or more offers the prosecutor makes and holding out for a potentially better deal. Your attorney can present mitigating evidence to convince the prosecutor you do not deserve such a harsh sentence. In some cases, the prosecutor may materially improve their offer over time, especially as your case gets closer to trial. Staying patient through perhaps several settlement conferences with the prosecutor might be necessary, and your defense attorney will advise when an offer seems fair and beneficial.
Your criminal defense attorney’s job is to protect your legal rights at all steps of the legal process. They may have a relationship with the prosecutor that comes into play and can benefit you. The prosecutor is tasked with sizing up not only your criminal case, but also the attorney who is representing you. If the prosecutor has dealt with your attorney before, and they know your lawyer is one who plays by the book and can be trusted, they may be more likely to engage in intensive negotiations. Further, if your defense attorney has a solid trial record, the prosecution might not want to face off with them in court.
Although a relationship between your criminal defense lawyer and the prosecutor alone may not be enough to secure you a better deal, it does mean that the prosecution might be more likely to negotiate.
Under the Rules of Evidence, negotiations about a potential plea deal are not admissible as evidence in the criminal case against you. Do not worry about “looking guilty” just because your lawyer had negotiations with the prosecutor about a plea bargain. The jury will not know that you were considering a potential plea bargain. It is entirely normal for most defendants to engage in plea negotiations.
The prosecutor may want to ask you questions about the case before offering you a deal. This is known as a proffer, and, typically, what you say in the proffer also cannot be used against you should negotiations break down, and your case goes to trial. There are some exceptions that allow a prosecutor to use this evidence; namely, to impeach your testimony at trial if you say something in court that contradicts what you said in the proffer.
Before accepting any plea agreement, you must understand the full scope of consequences that might extend far beyond your sentence. For instance, a guilty plea can trigger serious immigration implications, as certain convictions may result in deportation, denial of citizenship, or bars to reentry, even for legal permanent residents. Your attorney has a duty to advise you of these risks.
Collateral consequences can profoundly impact your future. A criminal record may disqualify you from professional licenses, student loans, public housing, or employment opportunities. Voting rights and firearm ownership may be restricted depending on the conviction.
Critically, judges are not bound by plea agreements. While prosecutors recommend specific sentences, judges retain discretion to impose harsher penalties if they believe justice requires it. You could accept a deal expecting probation only to receive jail time.
If your defense lawyer fails to advise you about these serious implications, particularly immigration consequences, you may have grounds for an appeal based on ineffective assistance of counsel. However, challenging a plea after acceptance is difficult and time-sensitive.
Never rush into a plea agreement. Ensure your defense attorney thoroughly explains all potential ramifications, both immediate and long-term. An informed decision today protects your rights and future tomorrow.
If you are facing criminal charges in Wisconsin, speak to an attorney at Hogan Eickhoff. Our experienced criminal defense lawyers can get to the bottom of your case and identify any possible defenses. We can effectively negotiate with the prosecutor on your behalf if that is what is in your best interest. It is critical that you get legal help immediately by scheduling a free initial consultation. You can do this by messaging us online or by contacting us today at (920) 450-9800 for a free consultation. Time is of the essence.
We can help defend various misdemeanors and felonies including violent crimes, domestic violence, sex offenses, property crimes, and drug offenses.
Body cameras are increasingly being used by police departments throughout Wisconsin. Although there is no…
You have certain rights to act in self-defense in Wisconsin if you believe that you…
White collar criminal charges, such as fraud and embezzlement, carry serious consequences that can devastate…
As a criminal defendant, you have specific legal rights. One of them is to be…
You may already be familiar with the concept of a police lineup from your own…
Criminal cases depend on the evidence. The prosecutor may have physical evidence that they are…