As a criminal defendant, you may think that your case is going to be decided in court in front of a jury. The hard work in many criminal cases often happens out of court when your criminal defense attorney and the prosecutor sit down to negotiate a plea deal. The attorneys at Hogan Eickhoff provide you with pragmatic legal defense while standing up for you to the prosecutor.
A large majority of criminal defendants will plead guilty before they ever reach a trial. Not every single defendant who pleads guilty actually committed the crime with which they are charged. There are many reasons why someone who is innocent feels compelled to take a plea deal.
In criminal cases, defendants must make crucial decisions with the help of their attorney at various stages of the process. There is no more important decision that you will make than whether to go to trial. If you lose at trial, you can face a more serious jail sentence than if you accepted a plea deal. Nonetheless, it may make sense to go to trial, even if you have done some (or all) of what the prosecutor alleges. Your attorney will give you the best advice about how to proceed in your case.
In some cases, the best legal outcome in your case means that you enter into a deal with the prosecutor for lesser charges or a reduced sentence. For some defendants, it is the best way to put the matter behind them and move on with their life. It’s important to understand that in some cases, a plea bargain may still result in a criminal conviction on your record. One of your major considerations going forward is how the plea deal will impact your future. With that in mind, a frequent question we are asked is whether a plea deal will stay on your record.
Talking to the prosecutor can be a make-or-break moment for your case. The chances are that you and your criminal defense attorney have concluded that there is some benefit to be had from a face-to-face meeting where you submit to questions. Given the critical importance of this interview, you must not prepare extensively. You must also be very disciplined during the interview itself, considering the stakes. Here are some things to consider before you sit down for an interview with the prosecutor.
Also known as the “queen for a day” arrangement, an interview with law enforcement as part of the criminal justice process is a critically important part of your case. Many defendants are understandably afraid to talk to the same law enforcement personnel who may be trying to put them in prison. When their criminal defense lawyer raises the topic with them, they may have reservations. However, there are reasons why an interview with law enforcement can help your case. Here are the pros and cons of agreeing to be interviewed by law enforcement.
What are plea bargains, and what can they do? Plea agreements also referred to as plea bargains or plea deals, are contracts entered into between criminal defendants and local prosecutors. In exchange for pleading guilty to one or more criminal charges, prosecutors may agree to do the following: Recommend a more lenient sentence or alternative arraignment to the court Drop certain charges Not bring additional charges based on newly discovered evidence Not file certain documents that would result in sentencing enhancements Speak to the court about your cooperation and character throughout the criminal process The vast majority of criminal defendants charged with a Wisconsin felony accept a plea deal. However, agreements exist only between the defendant and local prosecutors. They do not bind the judge or the courts. Appleton judges may accept a guilty plea but refuse to impose the recommended sentence, and this will not generally nullify a plea … Continued