Negotiating Plea Agreements with Bite (Plea Agreements Pt. II)

The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make.

But too many clients enter into bad pleas – ones that promise little and give up a lot.   A client shouldn’t have to settle for a plea that lacks real bite.

Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a good plea.

IN THIS EPISODE:

• Knowing the hallmarks of a “good” plea agreement;
• Knowing the long-term implications of rights you will be required to waive;
• The crucial difference between plea “stipulations” and plea “recommendations”
• Making sure your plea does not tie your hands on facts, arguments or mitigation you can present at sentencing;
• Bargaining for conditional appeal provisions;
• Bargaining away mandatory minimums;
• Pleading to an offense that substantially reduces potential statutory maximum;
• Keeping the door open for compassionate release and new challenges based on future changes to the guidelines or law ;
• The Hunter case, pending in the Supreme Court, that may make appeal waivers unconstitutional;
• And, now for something completely different, a recommendation for a powerful documentary (“Predators”).

Here is a link to the trailer for the documentary, “Predators”.  This film takes a fresh look at the  “To Catch a Predator” series, and asks hard questions about Hansen’s motivations and methods, and how he ruined lives for ratings.  It does what criminal defense lawyers have to do every day: take a reviled class of alleged offenders, and demonstrate that there is another side to the story.

Check out this episode!

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