Why I hate Plea Agreements

In a healthy lawyer client relationship an effective trial attorney will not "pressure" the criminal defendant to accept the plea agreement. In my experience, the decision whether or not to plead guilty to any offense should always be left up to the person charged. In many instances, there are standard results that a court will impose for certain types of crimes. Accordingly, if a prosecutor offers a plea that is identical to the result that will occur if the case goes to trial there is no incentive for an effective trial lawyer to take that deal.

Despite the confidence and experience of even the best attorney, there are occasions where a guilty plea is the best result. On some occasions, there is irrefutable video evidence or even a confession that leave little room to disprove the allegations. Plea negotiations are occasionally a necessary part of cases involving federal crimes, drug cases involving confidential informants and cases involving actual possession of cocaine, heroin, or marijuana. In these instances, it is equally crucial to have experienced legal representation. A knowledgeable attorney can use his guile wit and experience to finesse a more beneficial plea result.

The government and the prosecution always bear the burden of proof. If a prosecutor makes a mistake or a police officer forgets crucial evidence the Commonwealth could lose an apparent "slam dunk" case to a seasoned defense attorney. Knowing this, savvy trial attorneys are never afraid to go to trial.

I always allow my clients to make the ultimate decision about whether or not they wish to go to trial. As a former prosecutor and now an effective Fairfax criminal defense attorney, I have tried thousands of cases. When my clients want to fight I am not afraid to fight. A famous military leader once stated, "Victory is always possible for the person who refuses to stop fighting." Whenever I accept a new case I want to win. I don't look for a guilty plea until I am convinced that there is no other way.

If you or someone you know is in need of a skilled attorney, contact us right away to discuss your case.

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