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Handling Plea Bargain Negotiations in Florida Criminal Cases
A vast majority of criminal cases in Florida end with a plea deal or plea bargain. Every criminal defendant is faced with a choice of what plea to enter in their case. They can either maintain a plea of not guilty and proceed to trial (or very rarely not guilty by reason of insanity) or change their plea to nolo contendere or guilty. Deciding to go to trial means you are subjected to the whims of the jury in deciding your fate, and many people accused of serious crimes and not knowing what might happen, decide that a negotiated plea deal is the best option under the circumstances. These agreements allow parties to avoid the stress and unpredictability of jury or bench trials. That means you want an attorney well versed in plea bargain negotiations.
Plea deals allow criminal defendants to negotiate the parameters of the criminal conviction with prosecutors to obtain favorable outcomes without going to trial. This means you will know what the agreed sentence will be if you come to an agreement first with the prosecutor or state, and then ultimately have it approved by the judge in your case.
Everybody’s case is unique to them, and similarly plea deals and how they come about can also be unique to them. Every case has its own set of aggravating and mitigating factors, as well as underlying facts and law that can color the entire proceedings.
Experienced plea bargain negotiations criminal defense attorney Matt Landsman will understand the severity of the looming conviction and the current status of evidence to give you the best advice for negotiating with the state and getting the best possible sentence under the circumstances of your case. Becoming trial certified like Matt Landsman takes years of experience and tons of litigation but that’s not the whole story. In order to have such vast trial experience a certified expert like Matt Landsman has to handle huge numbers of cases and that means many many more cases end in plea bargains rather than going to trial. To find out more about criminal trial certification check here for more information.
You need to understand the positives and negatives of negotiating a plea deal in your case, and you want an experienced trial attorney who will know all the in and outs of trial and litigation and negotiation so you get the best possible outcome even if you chose to make a plea deal.
Through a thorough knowledge of the law as well as vast experience in plea bargain negotiations and trials, based on your circumstances expert Gainesville Florida defense attorney Matt Landsman can help reduce the charges, get a shorter sentence, less incarceration, or better probation terms.
An experienced Florida criminal defense attorney can provide proper guidance on negotiations and sentencing issues. Contact Gainesville North Florida Defense attorney Matt Landsman today.
Rule 3.171 reads
Rule 3.171 – PLEA DISCUSSIONS AND AGREEMENTS
(a) In General. Ultimate responsibility for sentence determination rests with the trial judge. However, the prosecuting attorney and the defense attorney, or the defendant when representing himself or herself, are encouraged to discuss and to agree on pleas that may be entered by a defendant. The discussion and agreement must be conducted with the defendant’s counsel. If the defendant represents himself or herself, all discussions between the defendant and the prosecuting attorney shall be of record.
(b) Responsibilities of the Prosecuting Attorney.
(1) A prosecuting attorney may:
(A) engage in discussions with defense counsel or a defendant who is without counsel with a view toward reaching an agreement that, upon the defendant’s entering a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the prosecuting attorney will do any of the following:
(i) abandon other charges; or
(ii) make a recommendation, or agree not to oppose the defendant’s request for a particular sentence, with the understanding that such recommendation or request shall not be binding on the trial judge; or
(iii) agree to a specific sentence; and
(B) consult with the victim, investigating officer, or other interested persons and advise the trial judge of their views during the course of plea discussions.
(2) The prosecuting attorney shall:
(A) apprise the trial judge of all material facts known to the attorney regarding the offense and the defendant’s background prior to acceptance of a plea by the trial judge; and
(B) maintain the record of direct discussions with a defendant who represents himself or herself and make the record available to the trial judge upon the entry of a plea arising from these discussions.
(c) Responsibilities of Defense Counsel.
(1) Defense counsel shall not conclude any plea agreement on behalf of a defendant-client without the client’s full and complete consent thereto, being certain that any decision to plead guilty or nolo contendere is made by the defendant.
(2) Defense counsel shall advise defendant of:
(A) all plea offers; and
(B) all pertinent matters bearing on the choice of which plea to enter and the particulars attendant upon each plea and the likely results thereof, as well as any possible alternatives that may be open to the defendant.
(d) Responsibilities of the Trial Judge. After an agreement on a plea has been reached, the trial judge may have made known to him or her the agreement and reasons therefor prior to the acceptance of the plea. Thereafter, the judge shall advise the parties whether other factors (unknown at the time) may make his or her concurrence impossible.
FL. R. Crim. P. 3.171
If you’ve been charged with a crime and seek skilled legal representation to secure the best possible outcome of your case, from a fully litigated trial to plea bargain negotiations that end in a favorable plea deal, contact Matt Landsman to speak with an experienced criminal defense lawyer today.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.