In certain criminal cases, due to the “high quality” of the evidence in favor of the defense, both a client and his/her attorney may feel there is no negotiating needed with the prosecutor, there is no need to discuss an offer, and there is no “middle ground” that a client can or may accept from a prosecutor. And, in these cases, jury trial is the preferred path of resolution.
However, for the vast majority of criminal cases, there are reasons why a case is negotiated and settled short of a jury trial; to apply “damage control” where the client bears responsibility, or to avoid the risk that the prosecutors case may strengthen and the offer worsen, or simply to avoid the further anxiety and stress that a criminal case, let alone trial, induces in a client.
Regardless of the reason why a client wishes to engage in plea negotiations, there are always strategies that an attorney can apply to assist the client. Depending on the circumstances of a case, creative solutions can be developed and pursued to serve the needs and concerns of the client. That is also why it is important as an attorney to know a client’s background and “story” – so they can work together to create and propose a manageable, relevant, and meaningful solution to a prosecutor and judge.
The following discussions are just some of the examples of “alternative solutions & sentencing” that work for clients!