In many criminal cases the best option is to try and work out a deal and cut your losses. The question arises as to how a deal can be reached. Obviously, the person making the request is your lawyer. If you don’t have a lawyer it is best to obtain the services of an experienced criminal lawyer such as attorney Daniel Hilf of Hilf & Hilf PLC. Anything that you say can in and outside of court concerning your case can potentially be used against you. An experienced lawyer is in the best position to negotiate on your behalf.
What steps should the lawyer take in trying to obtain a plea bargain, diversion, or sentence agreement?
First, the lawyer needs to learn everything about the case through investigation. Before any attempt to resolve the case takes place the lawyer needs to know what the evidence is and what information the prosecution has. The lawyer can obtain information by making a discovery demand with the prosecution or a FOIA (Freedom Of Information Act) request. Discovery materials typically include the following: the names and addresses of witnesses; written or recorded statements; the curriculum vitae of an expert the prosecution may call at trial along with a report or written description of the expert’s proposed testimony; criminal records that the prosecution intends to use to impeach witnesses; a description of and an opportunity to inspect any tangible physical evidence that the prosecution may introduce at trial; any exculpatory information or evidence; any police report and interrogation records concerning the case; any written or recorded statements of the Defendant, a co-Defendant, and/or an accomplice; any affidavit for search warrant, search warrant, and return pertaining to a search and seizure in connection with the case; and any plea agreement, grant of immunity, or other agreement for testimony in connection with the case.