Top 5 Strategies for Negotiating a Plea Bargaining in Court


Top 5 Strategies for Negotiating a Plea Bargaining in Court

A plea bargain is an agreement in a criminal case between the prosecutor and the defendant. According to legal experts, it involves convincing the defendant to plead guilty to a lesser charge or to the original charge with the recommendation of a lighter sentence.

In other words, plea bargain helps defendants avoid lengthy court trial and the possibility of getting convicted of a graver charge. This is the most likely the reason why most lawyers advise their clients to settle the case by opting for plea bargaining.

A recent study conducted by an eminent law firm revealed that most courts in the United States are burdened with criminal cases. The study further adds that seeking for a faster and effective method of resolution has become absolutely essential. This is where plea bargaining can be of immense help!

In this blog, we’ve provided a complete guide on how to negotiate a plea deal effectively. Keep reading if you’ve been endowed with the responsibility of plea bargaining for your client, and want to get the best deal for her/him.

  • Don’t Settle for Less –

    Negotiating is all about getting the best deal. And, the golden rule of negotiating is to never settle for less. The best way to do this is to be firm and resolute in front of the judge, without behaving desperately. If you don’t stand your ground and fight for concessions, it’ll be difficult for you to get a good deal for your client. The simple formula for this is to understand when to push and how hard to push.

  • Understand the Opposition’s Mindset –

    You must learn to anticipate the moves of your opposition. Unarguably, dealing with defense attorneys having a long and strong list of jury trials under their belt is difficult to deal. You must do well to study their previous trials and the strategies they implement to handle a criminal case. This way, you’d get an idea of countering their moves and deal with them effectively in the court of law.

  • Evaluate the Merits of the Case –

    As a lawyer, it’s essential for you to understand the strengths and weaknesses of a case. You must also understand whether your client can wait or want to get out as soon as possible. It’s best if you talk with the client and help them in understanding the merits and demerits of the case and anticipate accordingly.+

  • Understand the Timing

    According to experienced attorneys, the best time to settle a case is either on its first or second date or after the case has reached the halfway mark. They believe that the most critical part is to weigh the differences between the concessions you’re going to get and the danger your client is in. Once you access the right time to dispose, you’d face no difficulty in obtaining the best deal for your client.

  • Know What to Say –

    In the court of law, begging and whining won’t work. You need to master the art of speaking the merits of your case. Telling a compelling story about the client and pointing out why they indulged in committing a crime is the best way to go about it. Give the judge the answer she/he needs and plead for a lucrative deal for your client.

So, here were our top 5 techniques for negotiating plea bargaining in court. Let us know in the comment section if you want to add any.