Understanding Plea Bargain Negotiations in Oklahoma
Negotiating plea bargains, strategies, and considerations. In Oklahoma, I’m Tulsa attorney James Wirth, that’s a topic that we’re dealing with today, is negotiating plea bargains, getting plea bargains entered in a criminal case. How does one go about negotiating those? So first off, note there are a few different strategies that you would look at for negotiating a good plea deal for your client.
And it depends on the facts of the case and the defendant, the client that you’re dealing with on which may make the most sense. So, the first one is just kind of attacking the case. So you wanna look. Each offense in the state of Oklahoma, I mean, it’s got a list of elements that must be proven beyond a reasonable doubt at a trial in order to establish guilt and get to sentencing.
Strategies for Negotiating a Good Plea Deal
As a Tulsa criminal defense attorney, we’re looking at the facts, we’re matching those up with the elements and seeing where there are weaknesses in the state’s case, where they’ve got issues, they can’t make those elements. So if there’s problems with the case, then you’re gonna use that as part of a plea negotiation. So that’s the first strategy, is essentially pointing out the weaknesses in the case.
The second strategy is you’re gonna point out the favorability of your client. So if we’ve got somebody, no prior criminal history, they’re a good parent, they’re a good whatever in the community, they’ve got lots of support there, then you’re gonna play that up. This is a one-off, this is a simple mistake, this is not likely to recur again.
Practical Considerations in Negotiating Plea Deals
So, the third type, essentially quick deal, you’re kind of asking for a favor. It’s almost, you talk about like a good old boy system, but this is essentially where you’re talking to the prosecutor and say, hey, let’s just do this real quick, we can get this done, I don’t have to worry about it anymore, not have to work on it anymore. So it’s that kind of one like, see what you can do for me on this, do me a favor, help me out, help my guy out. That’s type of the third strategy.
The fourth one I’ll talk about is just a more practical type of arrangement looking for a plea agreement. So this would be one where maybe there’s some restitution that needs to be paid back. So let’s talk about paying restitution. Well, my client’s not gonna do very well paying restitution if he’s incarcerated. However, if we can work out a deal to put him on a deferred sentence, not a suspended where he’s convicted, then he can maintain his job.
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If you’d like to get legal advice regarding your case and discuss your options for negotiating a plea deal, please schedule an appointment with a attorney in Tulsa. You can contact us at 918-879-1681 or go online to MakeLawEasy.com.