After the client's initial appearance and the judge's decision on their release, the client and the attorney, in a crucial and trusted partnership, are given the indictment and the charging document.
The prosecutors must submit all the paperwork related to the case to the attorney, who will review it with their client and decide whether to negotiate or proceed with the case.
If it is decided that it is in the best interest of the client to plea bargain, the prosecuting attorney and the defense attorney will discuss the matter, and the prosecutors will submit a plea agreement offering to settle the case under specific terms.
The defense attorney, in close consultation with their client, will review the plea agreement. Together, they will decide whether to accept, reject, or make a counteroffer. This collaborative process ensures the client's voice is heard and their interests are protected, empowering them in their legal journey.
Then, a sentencing date will be set to resolve the case. Other things can happen in a federal case related to a plea bargain. Sometimes, the defendant will meet with the government for a reverse proffer, where the government provides the defendant with all the information it has related to the case, allowing the defendant to assess the strength of their case.
The defendant can then assess whether or not they want to resolve the case and enter into a plea bargain with the government.
In showing the defendant what they have, the government may want the defendant to participate in a proffer session, where the defendant will answer questions posed by the government. Typically, before a defendant would do that, they would sign a Queen for a Day letter.
During a proffer session, the government may offer the defendant a 'Queen for a Day' letter. This letter promises not to use any information provided against them. It's a significant step in the plea bargaining process, as it can lead to benefits for the defendant, such as the opportunity to explain their side of the story, potentially influencing the prosecutors to be more lenient.
Second, the defendant's attorney can have points shaved off their client's sentence, which would result in a reduced sentence in their federal case.
Should I Consider a Guilty Plea In A Federal Case If I Know I Am Innocent?
My clients frequently ask me whether they should accept a deal or proceed to trial. As an experienced attorney, I can provide valuable advice in such situations. My answer is pretty much always the same. Suppose you shoulder some responsibility for what happened, and the government has evidence of it. In that case, you should probably let me try to work out a resolution for you so you don't risk receiving a much higher sentence at trial.
If you're innocent and we examine the government's case, and you still want to maintain your innocence, then you should absolutely take your case to trial and not accept any resolution from the prosecutors.
Could A Prosecutor Ever Withdraw A Plea Bargain?
Prosecutors withdraw plea bargains all the time. When a federal plea agreement is sent to a defendant's attorney for review with the client, it is common for prosecutors to set a deadline for accepting the plea bargain.
If the defendant fails to accept the plea bargain by the deadline, it is automatically withdrawn. This underscores the importance of timely decisions in the legal process. In some cases, a plea may be entered; however, if more information about the defendant comes to light, prosecutors may decide to withdraw the plea agreement.
Typically, when prosecutors offer a plea agreement and the defendant accepts it within a reasonable timeframe, the prosecutors do not withdraw the agreement. This consistency in the legal process helps maintain fairness and trust in the system.
If you believe that the prosecutors have impermissibly withdrawn a plea bargain, it's crucial to discuss this with your attorney. If you're not satisfied with your attorney, consider hiring another attorney to handle the situation with the federal prosecutors.
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