236) Why isn’t my Plea Bargain better? ~ Michael A Haber Miami Criminal Defense DUI DV Lawyer
Channel: Michael Haber
Date: 2018-02-25

Thank you for asking me “Why isn’t my Plea Bargain better?”

In theory, plea bargains include accommodations from both sides... the prosecutor gives a little and the defense gives a little, each moving and meeting somewhere toward the middle, in between best and worst case scenarios for either side, but this doesn’t necessarily hold true.

Why?  Because some case are much stronger for one side or the other, or, as we lawyers say, “the relative strengths and weaknesses of a given case will usually dictate the terms and conditions of a given plea offer”. This means that in some cases one side or the other may have the upper hand.  For example, the State may have DNA evidence or a crystal clear video which pretty much nails down the Defendant’s coffin; or, on the other hand, the State may be unable to locate a material witness or evidence may have been lost or misplaced or the Defendant may have a solid affirmative defense like Stand Your Ground or an Alibi. Variables like these can, and will, effect the nature of a plea offer.

Considerations particular to the Defendant will also significantly effect a prosecutor’s plea offer.  For instance, if you have a prior criminal history, if you were on probation at the time of the offense or if you happened to have been recently released from custody... things like this are certain to factor into a prosecutor’s mind set when offering a plea.

External factors, such as public policy, also come into play.  For instance, just because of the nature of the offense, Domestic Violence cases tend to be aggressively prosecuted and not easily pleaded out. Why?  Because no prosecutor wants to be called out when a defendant they cut loose in Domestic Violence Court commits a subsequent act of domestic violence, seriously injuring or even killing a prior DV victim.

The bottom line is that each case, each prosecutor and each Defendant are unique, and so in theory, each plea bargain should be tailored to each particular case.

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
http://www.criminallaw.miami 
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
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Blog:  http://habercriminallaw.blogspot.com/

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