John M. Kucera, Attorney at Law
Nearly Four Decades of Experience Serving the Northern State
Call today for a Free 30 Minute Consultation ਵੀ ਸਪੈੱਕ ਪੰਜਾਬੀ Se Habla Español
530-410-0090

You do not have to automatically accept a plea bargain

As the American Bar Association (ABA) points out, 95 percent of cases are settled first before going to trial, so chances are if you are involved in a criminal case in California, you might receive a proposal to reduce your prison sentence or eliminate it entirely in exchange for a guilty plea to lesser charges. However, even as your defense attorney provides counsel on the matter, remember that the final choice to accept or reject any deal is yours.

If an attorney believes an offer placed on the table by a prosecutor is the best the client can expect and that a trial will likely bring harsh consequences if the client is convicted of the charges, the attorney can counsel the client to take the offer even if the client is more inclined to fight the charges. What an attorney cannot do, however, is accept or reject an offer to settle the charges on behalf of the client. It is up to the client to evaluate the deal presented and to decide how to move forward.

Additionally, if an attorney believes the bargain offer is not entirely fair to the client and that holding out is a better option, the attorney is nonetheless ethically obligated to pass the offer along to the client and to not try to influence a client’s decision by depriving the client of information. However, some clients do counsel their attorneys to reject deals automatically if they do not meet certain thresholds, but this is in keeping with the client’s wishes and is not an override by the attorney.

Also, as FindLaw explains, agreeing to plead guilty to a charge, even a lesser charge, may open you up to admitting certain facts about a criminal case that could grow in importance as evidence is further developed. This is another reason why you may not want to agree to a first offer to settle your case. Instead, you can ask your attorney if there are ways to insulate you from prosecution in the terms of the plea bargain and to try to negotiate for those terms.

No Comments

Leave a comment
Comment Information
  • BV Distinguished | Lexis Nexis | Martindale Hubbell | For Ethical Standards and Legal Ability
  • AVVO Ratings | Guidance | The Right Lawyer
  • Client Distinction Award
  • Top Lawyer in california
  • Expertise Best criminal defense lawyers in redding 2016
  • BBB
  • Top-Rated Lawyer Jhon Kucera 2018 || Congratulations on being recognized with a Top Attorney Rating in 2018 by the Legal Community || Congratulations to: Jhon Kucera | Avvo Top Rated Lawyer 2018
  • Top-Rated Lawyer Jhon M. Kucera 2018 || Congratulations on being recognized with a Top Attorney Rating in 2018 by the Legal Community || Congratulations to: Jhon M. Kucera | Avvo Top Rated Lawyer 2018

“If you have a legal issue,John is an excellent Lawyer to work with. Sam is great too!”

- Posted by anonymous, June 12, 2018 Read More Recommendations

“If you are in need of an attorney who will actually "help" you with your problems and fight for your rights, then Mr. Kucera is the person you want to represent you. Thank you John!”

- A Criminal Defense Client, April 4, 2014 Read More Recommendations

“Were it not for John's experience and expertise, I could have lost a state issued license, my livelihood and everything that I owned and worked for.

- Randy, August 27, 2013 Read More Recommendations

“After reviewing several attorneys and their backgrounds, I hired John...and I am so grateful I did!”

- Posted by a client, August 26, 2013 Read More Recommendations

“John is a consummate, efficient professional attorney whom you can trust with you legal needs. Thanks again, John!”

- Richard, July 29, 2012 Read More Recommendations
John M. Kucera Attorney at Law

1416 West Street
Redding, CA 96001

Toll Free: 888-498-0346
Phone: 530-410-0090
Fax: 530-241-3897
Redding Law Office Map

Review US