PLEA BARGAINING

Even the most famous of criminal lawyers can lose a trial from time to time. Mark Garagos, the well-known Los Angeles criminal defense attorney and media personality, lost the Scott Peterson murder trial, and the Winona Ryder petty theft trial, to name but a couple. So when you are looking for a lawyer to defend against criminal charges, it is important to hire someone who knows how to negotiate the best possible outcome for your particular circumstance, as well as being a strong advocate in the event you must go to trial.

I would like to provide an example of successful plea bargaining involving one of my clients. The young man became involved in an argument with several other young men in a parking lot one early morning. Harsh words were spoken and the client pulled out a BB gun and fired several pellets into the chest of one of his antagonists. The victim almost passed out from fear, but suffered only minor abrasions. The client jumped in his car and sped away, but eventually the police apprehended him and he was charged with Assault with a Dangerous Weapon and Assault with Intent to Commit Great Bodily Injury.

The client's father, a very wealthy man, hired a well-known criminal lawyer in Los Angeles for a hefty sum of money. The lawyer worked out a deal where the client would plead guilty to the Great Bodily Injury charge, and would be placed on three years felony probation with 30 days of Caltrans. At the end of probation the charge could be reduced to a misdemeanor. Not a bad deal, but the father didn't think it was good enough and eventually came to me.

Based on my review of the situation I found that there were many mitigating factors in the client's background which were not originally known to the District Attorney. I caused a Private Probation Report to be prepared which included many letters of good character, a psychological profile, and other relevant information. The court room prosecutor would not budge off the offer made to the prior lawyer, despite the new information. I ended up going to the supervising prosecutor in the district where the case was set, a prosecutor I knew and with whom I had a very good relationship. After further negotiation, we reached a disposition for a misdemeanor battery charge with some community service. The client and his father were, of course, ecstatic.

Obviously a good working relationship with the prosecutor's office can be very important in reaching a successful plea bargain; thorough investigation and preparation are also very important elements in achieving a desired outcome. And never overlook the value of persistence. This website contains numerous examples of the efficacy of utilizing such techniques in the criminal arena. [see attached court docket]