In plea bargaining, you have made the judgment that the charges returned against you are going to lead to a conviction and you and I can sulk and we say, “Yes, it looks pretty much like if we go to trial, we are going to get nailed. Let us see what alternatives we can come up with the prosecutor.
We would call that a settlement. If we were talking a civil case, we call it a plea bargain and a criminal case, meaning instead of picking it out in the Court room, the two sides negotiate a result.
Listen, what kind of agreement can we reach to resolve this case?
Everybody wants to kind of downsize their risk.
No case is a hundred percent locked and should things go the right away again in acquittal.
It is just like a civil case, you have got so many things you can negotiate for and both sides, you are trying to negotiate for the best result.
The prosecutor’s interest is going to be A) getting conviction, B) getting an appropriate sentence. His view of an appropriate sentence for you is probably going to be significantly different from my view of an appropriate sentence for you.
About six cases out of seven get resolved by a plea bargain. The reality is we just get too many cases. We could not try these cases if we wanted too.
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