In any criminal case, plea bargaining is complicated and critical both at the same time in Colorado.
Here are some steps for preparing to plea bargain a case:
1. Discovery is necessary
After an offender has been charged, the criminal defense attorney must seek informal and formal discovery from the prosecutor. The criminal defense attorney requires knowing the plea policy of the prosecutor and their attitude towards the case. If the criminal defense attorney doesn’t have the knowledge about the prosecutor, then he/she should consult with other defense attorneys practicing in the particular locality or area.
The attorney should also investigate the case themselves in which interviewing of individuals involved in the case is included.
2. The role of an attorney in preparing an offender
The attorney should prepare an offender by telling them the following things:
His/her right to accept or reject a proposed plea bargain
The advantages or disadvantages of the case and the applicable law
The entire process and the steps involved in plea bargaining and defense counsel’s strategy in the offender case
The plea offers made by the prosecutor
Results of accepting a specific plea bargain
The whole process of entering a plea before the court
The process of taking the case to trial were the offender is allowed to select an option
3. Time set by the prosecutor
In some cases, prosecutors give limited time to the offender to accept a plea offer. This is done not only to force the defendant to accept the plea but to avoid spending more time and resources in the case. If the time-limited offer is rejected by the offender, the prosecutor may refuse to make any subsequent offers or only make less beneficial offers.
To cope with this technique, the defense attorney can ask for some extra time to investigate the case. If the prosecutor is not willing to give more time then the defense attorney can ask the prosecutor for additional discovery to speed up the defense counsel’s investigation. By this, the attorney can get more information related to the case.
4. Delay, a great defense technique
As time passes, the prosecutor may lose interest in the case and also the passion for the case, so delay is a great and the most common technique used. Defense attorneys usually delay the case by filing pretrial motions like motions to dismiss, suppress, for discovery or for trial continuances.
Threats by the prosecutor
Sometimes prosecutors threat the offender to bring additional charges against him/her if he/she refuses to accept a particular plea offer. Other than that, sometimes a prosecutor may threaten to prosecute the offender as a habitual offender for forcing him/her to accept the plea offer. A defense lawyer should ignore it.
Overburdening by the prosecutor
Some prosecutors may overburden an offender in a struggle to secure advantageous plea. Overburdening is not unlawful or unethical if there is probable cause for each offense charged.
Importance of Polygraphs
Prior to entering into plea discussions, a defense attorney should ask his/her client to take a polygraph to show that the offender didn’t commit the crime or that his/her involvement in it was less than what is supposed in the charge.
Mr. Louth has over 25 years of legal experience, including serving as the Deputy District Attorney for Boulder County for 8 years. Experience does matter! Put our Boulder law firm’s criminal defense resources on your side. We may be able to reduce the charges that have been brought against you or in some cases have them dismissed entirely. We understand that people make mistakes. Let attorney Steven Louth and his team work to minimize the damage. Call Us Today For A Free Case Consultation: 303.442.2297
Koehler Defense will help you make the tough decisions about your defense, and we will never suggest that you plead guilty unless we believe it is in your best interest – we will always be ready to take your case as far as you want us to.