Don’t risk your freedom.

Call today 651-447-6719

The Criminal Defense Attorney To Call
When The Stakes Are High

view our Practice areas

The 3 different aspects of plea negotiation

While almost everyone is familiar with a plea deal, many don't realize that there are actually three aspects of one that can be negotiated. This includes the facts, charge and sentence.

Fact bargaining is one of the most uncommon types of negotiation that takes place. It involves a defendant stipulating, or admitting, that certain aspects of the prosecution's case are accurate. A defendant may concede that some facts that a prosecutor intends to present at trial actually occurred as part of an agreement to ensure that others aren't introduced into evidence.

Perhaps the most common type of plea negotiation that takes place is charge bargaining. It generally involves a prosecutor offering to reduce or dismiss some of the more serious offenses that a defendant has been charged with in exchange for them agreeing to plead guilty to lesser ones. Prosecutors tend to offer deals such as this to avoid the risk of losing if they take the case to trial.

Another aspect of criminal cases that is often addressed via a plea deal is sentencing. It's commonplace for a defense attorney to ask a prosecutor to sentence a defendant according to what's acceptable for the lesser crime that they're pleading guilty to as opposed to one associated with a more serious one.

A prosecutor isn't under any obligation to negotiate with a defendant or their attorney to make a plea deal. A judge is allowed to reject any agreement that the prosecutor and defendant make at their own discretion.

When a defendant agrees to a plea deal, they essentially concede that the facts that have been introduced in the case are accurate and voluntarily waive their right to a trial in the matter. You should consult with a Minneapolis criminal defense attorney before you discuss your alleged offenses with police or prosecutors to make sure that you understand your rights in your case.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Schedule A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Joseph S. Friedberg Chartered
Location

701 4th Avenue South, Suite 300
Minneapolis, MN 55415

Phone: 651-447-6719
Minneapolis Law Office Map