John Bisnar
Your worry is totally understandable. However, what you have described is normal.
Negotiating between prosecutors and defense attorneys is normal. It happens in nearly every case. Negotiation discussions are not admissible in a trial. Prosecutors believe everyone is guilty or they would be duty bound to drop the charges. So a jury will not know of the settlement/sentencing plea bargaining going on between the attorneys. Another point is that a defense attorneys statements are not the statements of the accused, therefore “hearsay”. “Hearsay” of this type is never allowed into evidence.
Remember that a jury will decide guilt or innocence, not the judge. The judge will do the sentencing according to the sentencing guidelines.
The best criminal defense attorneys are usually going to have a very good working relationship with the prosecutors. This helps facilitate the smooth functioning of the process and if the defense attorney has a good reputation with the prosecutor, it will help a lot in a plea bargain. If the prosecutor knows the defense attorney and knows he is highly skilled, the prosecutor will usually agree to a much for favorable plea bargain for the defendant.
John Bisnar
Bisnar|Chase,California Personal Injury Attorneys
Trusted Professionals. Proven Results.
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Answered on Jul 08th, 2012 at 2:55 PM