The Significance of Plea Negotiations in Miami Criminal Defense Law

Criminal cases are often resolved through plea agreements eliminating the need for a trial. In most cases, the defendant pleads “no contest” or “guilty” to have a reduced sentence or lighter charges. The defense attorney, the judge, and the prosecuting attorney all have roles in such cases. There are instances where the prosecutor can agree to negotiate and come to a deal which makes it possible to close the case early and avoid a long trial.

With that said, the prosecutor is not obligated to enter into such an agreement. Often the agreements are possible if the prosecutor accepts or is willing to make them. Getting the best criminal defense attorney can help you with favorable plea agreements and negotiations depending on the severity and nature of your case.

Plea agreements

Each plea agreement is unique because they are based on the facts and consequences of the case at hand. What a prosecutor is ready to offer in the deal may change as more facts come to light. Crimes involving violence or very severe ones may fail to qualify for such a deal. Having a criminal record can also affect the kind of deal offered by the prosecution largely.

Plea agreements are mainly at the prosecutor’s discretion in many cases. These are available in Florida under the Rule of Criminal Procedure 3.171. The attorney and prosecutor need to have a discussion and agree on various issues including sentencing that is based on the severity of the case. To get a favorable plea, you need to seek the support of an attorney.

A stand-your-ground attorney or one specializing in your case particulars can offer crucial advice and knowledge regarding what it means to accept or decline the plea bargain being offered. They are more capable of getting you a better deal than you would on your own mainly because of their deep law knowledge. The defendant must agree to the plea and offer their consent before it can be accepted by the court.

After an engagement regarding plea agreements, the prosecutor needs to inform the judge regarding all materials and facts that were used. The investigating officers, victim and any other person involved may give some input as well.

In plea negotiations, the final authority lies with the judge. There are instances where the agreement may be declined even after the defense attorney and prosecutor agree. However, this is very rare and the judge typically follows the recommendations made. If the judge doesn’t agree with the recommendations made, he or she needs to inform the defense and prosecution why they came to that decision.

The legal impact of such bargains

An arraignment involves a court hearing where charges are formally read. The defendant is asked to plead either guilty, not guilty, or no contest. In case the plea agreement reached is approved by the judge, the plea goes into the records of the court. In case it is disapproved, the plea is voided and the case goes to trial as if there were no negotiations. However, the statements made during the plea negotiation can serve as evidence moving forward. 

Before accepting plea agreements, you should know that you are waiving rights to trial. You must demonstrate to the judge that you are willingly and knowingly changing the plea and are accepting the terms of the agreement with no coercion. It is possible to withdraw the guilty plea but you would need to show there is cause for that to happen.

Conclusion

Plea negotiations and agreements are critical and can have an immense impact on your case. You need to find a qualified lawyer who specializes in the crime you are accused of before getting into a plea agreement. For example, get a drug defense attorney to handle drug-related cases. Such an attorney can walk you through the legal jargon while explaining the various laws in place. They also shed light on the possible drawbacks and benefits based on your case.

At Arias and Pereira, We handle all types of State and Federal Criminal charges, all types of Immigration-related matters, as well as Federal Litigation and Civil De naturalization. Call us at 786.360.1341 if you are looking for top criminal defense attorney miami, abogado de imigracion or Immigration attorney in miami.