NCJ Number
106298
Journal
Criminal Justice Volume: 2 Issue: 2 Dated: (Summer 1987) Pages: 6-8,40-43
Date Published
1987
Length
7 pages
Annotation
Plea bargaining is both the most maligned and the most essential procedure in the criminal justice system.
Abstract
Two common charging practices provide a potent incentive to plea bargaining: prosecutors overcharge both in the number of counts in an indictment and in the severity of the offenses. Faced with an indictment, the defense attorney should carefully investigate the facts of the case. Where the indictment is clear and admissible evidence and credible testimony support the indictment, the defense should recommend that the client authorize plea bargaining. In negotiating the plea, the defense should canvass the law to find lesser offenses that could be charged with less onerous sanctions. In addition, a plea of nolo contendre may be accepted by the court. Other strategies for reducing the appearance of guilt include offering restitution for injuries, forfeiting ill-gotten gains, or offering free services. Waiver of an indictment and pleading an information are additional strategies that may be used.