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  1. #1
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    Dec 2019
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    Default Why Would a Public Defender Choice to Make Plea Bargin

    My question involves criminal law for the state of: I had a pre-trial conference with my assigned public defender yesterday. He didn't want to discuss the case. All he wanted to do was make a plea bargain.
    Is this the normal practice for the public defenders office?

  2. #2
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    Sep 2010
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    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    It's common for defense attorneys (public defender or otherwise) to discuss plea bargains. You don't have to make one, but if the prosecutor offered one, your attorney is obliged to offer it to you.

  3. #3
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    Jul 2018
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    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    "Normal" is a meaningless concept.

    The only thing you should be concerned with is whether it's appropriate given the specific facts and circumstances of your case. What are you charged with? What penalties are you facing? What is the evidence against you? What sort of plea bargain does the PD think he can negotiate? What other considerations exist that might inform the decision to try and plea bargain versus fighting the charges?

    I don't expect you to answer these questions, but they're things that you and your lawyer need to think about. If the evidence against you is such that there's a strong likelihood of a conviction, then seeking a plea bargain is probably a smart thing to do. Regardless, if you want to fight the charges and not plea bargain, then you need to communicate that to the PD.

  4. #4
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    Jan 2006
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    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    I won’t say it’s normal but depending on the facts surrounding your case, jumping right into a discussion about a plea bargain may be typical. Often times the public defenders are over loaded and plea bargains allow for a quick disposal of a case. If the pd sees your case as a losing case he may simply be trying to save him some time and shoot for a plea bargain right off the bat. Of course you are the one who will deal with whatever punishment is doled out so you may not agree with the pd.

    If you Aren’t guilty or if there is a real chance at acquittal, a plea bargain is likely inappropriate. If you are guilty and little chance at prevailing in court, a plea bargain may be your best route to the least punitive result of the prosecution of your case.

    you know infinitely more about your case than anyone here. Whether a plea bargain is your best action is something only you can determine and decide.

  5. #5
    Join Date
    Mar 2013
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    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    Quote Quoting djpjr62
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    All he wanted to do was make a plea bargain.
    It's not his choice. It's yours. If you don't want to, just say no and insist on going to trial.

  6. #6
    Join Date
    Oct 2016
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    3,568

    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    Quote Quoting djpjr62
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    My question involves criminal law for the state of: I had a pre-trial conference with my assigned public defender yesterday. He didn't want to discuss the case. All he wanted to do was make a plea bargain.
    Is this the normal practice for the public defenders office?

    As you have been told there is no "normal" as it is case dependant. Let me ask you this and I don't want to know the answer. Did you do the crime you are charged with and do you think the state can prove you did beyond a reasonable doubt? Does your PD know or think the same?

    If yes is the answer to both of those then the PD is simply using his time wisely and trying to get you the best deal possible.

  7. #7
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    Jun 2006
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    Massachusetts
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    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    Quote Quoting flyingron
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    It's common for defense attorneys (public defender or otherwise) to discuss plea bargains. You don't have to make one, but if the prosecutor offered one, your attorney is obliged to offer it to you.
    And let's not lose sight of this early answer.

  8. #8
    Join Date
    Sep 2005
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    California
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    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    Depending upon the source, somewhere between 90 and 97 percent of all criminal cases are resolved through plea bargaining. So, yes, it is a common practice to discuss such things. To parrot everyone else, you are not required to take a plea deal - the choice is yours. Just keep in mind that you likely run a risk of greater penalties if found guilty at trial than you might during a plea deal.
    **********
    Retired Cal Cop Sergeant & Teacher

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    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Oct 2014
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    7,616

    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    Quote Quoting jk
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    If you Aren’t guilty or if there is a real chance at acquittal, a plea bargain is likely inappropriate. If you are guilty and little chance at prevailing in court, a plea bargain may be your best route to the least punitive result of the prosecution of your case.
    Even if you are truly not guilty of the offense if the evidence against you is such that there is a decent chance you'll get convicted at trial you may be better off taking a plea deal rather than rolling the dice and going to trial. The practical decision of whether to take a plea doesn't really hinge much on actual guilt or innocence on the charges; it primarily turns on the evidence the state has, what evidence you have to rebut that evidence, and what the judges and juries in you area are likely to do given the admissible evidence and other factors.

  10. #10
    Join Date
    Jan 2006
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    Default Re: Why Would a Public Defender Choice to Make Plea Bargin

    Quote Quoting Taxing Matters
    View Post
    Even if you are truly not guilty of the offense if the evidence against you is such that there is a decent chance you'll get convicted at trial you may be better off taking a plea deal rather than rolling the dice and going to trial. The practical decision of whether to take a plea doesn't really hinge much on actual guilt or innocence on the charges; it primarily turns on the evidence the state has, what evidence you have to rebut that evidence, and what the judges and juries in you area are likely to do given the admissible evidence and other factors.
    I understand your point but I didn’t want to get into the strategy of suggesting a person unlawfully stand in front of a judge and plead guilty knowing they aren’t. Yes, I know it happens all the time but a defendant actually has to commit perjury when they admit guilt to the court.

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