Can You Force The Prosecution To Negotiate In A Criminal Case?
Posted on: 24 October 2022
Many criminal cases end with the defense and prosecution negotiating a plea agreement. Defendants may want to plead to lesser charges to avoid felony convictions, accelerated penalties, or the loss of rights. Likewise, many folks just want to get on with their lives.
Can you force the prosecution to negotiate? This is what a criminal defense lawyer will usually have to say about that possibility.
Prosecutorial Discretion
The discretion about whether to take a case to trial largely rests with the prosecutor as long as they have enough of a case for a judge to allow them to proceed at all. In criminal law language, this is the concept of prosecutorial discretion.
While a prosecutor will usually be happy to wrap a bow on a case and collect a win, there are scenarios where they might not. Publicity, for example, can pressure a prosecutor to go to trial to avoid the appearance of being soft on a defendant. Likewise, there may be pressure from political figures to get tough on certain kinds of crimes. Also, it's possible the prosecution may just not like the defendant very much, especially if the accused has a history of certain kinds of convictions.
Motions to Dismiss or Reduce Charges
The one person in a case who always has more discretion than the prosecutor is the judge. A criminal defense attorney will frequently move for the court to either dismiss the case outright or reduce the charges. If the prosecution doesn't entirely trust their case, the possibility of a successful motion could encourage them to negotiate a plea to avoid the risk of a loss.
Mercy of the Court
Another alternative is to forgo the plea process entirely and throw yourself upon the mercy of the court. This involves pleading guilty to the charges without negotiating with the prosecution. Instead, you tell the judge of your intention to plead guilty so you can move directly to the sentencing phase.
During the sentencing phase, your criminal defense lawyer will tell the court why a lesser sentence is appropriate. For example, the defense might ask the court to consider the acknowledgment of guilt alongside other mitigating factors. The judge still has discretion regarding sentencing, but they could accept the argument. If you're having a hard time dealing with a prosecutor, this is a potential way to bypass them.
Pushing to Trial
You may end up pushing the case to trial. This gives you the right of discovery, meaning the prosecution has to disclose all the evidence and witnesses it might present. Sometimes, a contentious discovery process may convince a tough prosecutor it's time to negotiate.
For more information, contact a criminal defense lawyer near you.
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