QUESTION

HOW MUCH NORMALY COST TO MAKE DEAL WITH FEDERAL PROSECUTOR

Asked on Dec 02nd, 2011 on Criminal Law - Florida
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Plea bargains with federal prosecutors are not for sale. Thus, the answer to your question is zero. The Constitution affords criminal defendants many rights, but the right to a plea bargain is not among them. Plea bargains are offered at the discretion of the Government. The U.S. Attorney's Manual includes guidelines for federal prosecutors to assist them with plea bargain decisions. There are many factors prosecutors may consider, including (but not limited to): the extent and nature (if any) of the defendant's cooperation; the defendant's criminal history; the probable sentence or other consequences if the defendant is convicted at trial; the nature and seriousness of the charged offense; defendant's remorse (including a willingness to make restitution to any victims); the willingness of the defendant to enter a disposition promptly, evidentiary problems that might lessen the likelihood of conviction; the burden on witnesses, including informants, if the case proceeded to trial; whether the public interest might better be served by a trial; the expense of a trial and appeal; and whether offering a plea bargain to a particular defendant is likely to result in guilty pleas by other defendants. If the Government chooses to make you a plea offer, it will do so whether you have retained counsel, or are indigent and represented by appointed counsel. Your attorney is obligated to relay to you any plea offer extended by the Government. The decision whether to accept or reject the offer belongs to you. Unfortunately, if the plea offer is not to your liking, you cannot purchase or force the prosecution to offer a  better one. Jeralyn Merritt, Ask a Lawyer Panelist since 1998.  
Answered on Dec 05th, 2011 at 1:58 AM

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