One of the common concerns that we hear in the criminal defense practice is that one person’s plea deal was different than another person’s plea deal. The reasons for that are numerous. The facts of a case, the criminal history of a defendant, the strength of the evidence and the willingness of witnesses to testify are just a few factors. Often times, when there are weaknesses in the prosecution’s case, the biggest factor is the client’s pain tolerance. We recently handled a preliminary hearing that I believed was
overcharged. The exposure was 38 years (as charged) and the prosecution’s offer was 21 years. Our client allowed me to take it to prelim and 3 of the 9 counts went away, cutting the client’s exposure in half. On the other hand, we previously resolved a case that I believed was winnable at trial but the client was not willing to risk his maximum exposure. He still received a very fair deal on very serious felony but, if I was given the ability, I believe he could have been released following trial without a conviction. The best thing that you can do to help us get you a great deal or dismissal is to immediately say, “I want an attorney and I am asserting my right to remain silent.”
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