After the client's initial appearance and the judge's decision on their release, the client and the attorney, in a crucial partnership, are given the indictment and the charging document.
The prosecutors have to get all the paperwork related to the case to the attorney, who will review it with their client and decide whether to negotiate or fight the case.
If it is decided that it is in the best interest of the client to plea bargain, then the prosecuting attorney and the defense attorney will discuss the matter, and the prosecutors will send over a plea agreement offering to settle the case under certain terms.
The defense attorney, in close consultation with their client, will review the plea agreement and together decide whether to accept, reject, or make a counteroffer. This collaborative process ensures the client's voice is heard and their interests are protected.
Then, a sentencing date will be set to resolve the case. There are other things that 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 will give the defendant all the information they have related to the case, so the defendant can see 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 talk to them in what's called a proffer session, where the defendant will answer questions from 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, promising not to use any information provided against them. This can lead to benefits for the defendant, such as the opportunity to explain their story, potentially influencing the prosecutors to be more lenient.
Two, the defendant's attorney can get points shaved off their sentence, which would lead to 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 ask me quite frequently whether they should take a deal or whether they should take the case to trial. 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 some sort of a resolution for you so you don't risk getting a much higher sentence at trial.
If you're innocent, and we see what the government's case is, and you still want to profess 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 the attorney to go over with the client, it is common for the 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. In some cases, a plea may be entered, but if more information about the defendant comes to light, the prosecutors may decide to withdraw the plea agreement.
Usually, when the prosecutors offer a plea agreement, and the defendant accepts it within a reasonable amount of time, they do not withdraw the plea agreement.
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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