How can I negotiate the best possible Plea Agreement in Pennsylvania?
In 2023, according to the Administrative Office of Pennsylvania Courts, 89% of criminal cases resolved with either a plea agreement, withdrawal or diversionary program. Only 2.5% of cases proceeded to trial. Specifically, the AOPC highlighted the following statistics:
64.5% of criminal cases resolved with a Guilty Plea
17.0% of criminal cases resolved with a Diversionary Disposition, such as the Accelerated Rehabilitative Disposition Program or with Probation Without Verdict
7.5% of cases were Withdrawn or Dismissed
7.8% of cases went to Inactive status, typically when the offender fails to appear in court and a warrant is issued for his or her arrest
1.4% of cases proceed to a Non-Jury Trial
1.1% of cases proceed to a Jury Trial.
Nationally, it is estimated that between 90-95% of cases resolve with some type of plea bargain. As you can tell from these statistics, plea negotiations are a critical part of what a criminal defense attorney does. With a skilled and experienced criminal defense attorney, it may be possible to negotiate a withdrawal of your charges or a plea agreement with reduced charges and sentences.
Prosecutors Have an Incentive to Offer Plea Agreements
It is important to remember that Assistant District Attorneys, or prosecutors, have an incentive to negotiate plea agreements. Most DA’s have between 100-300 active criminal cases at a given time, and have limited time and resources to devote towards preparing cases for trial. Many cases resolve with plea agreements, diversionary programs or outright withdrawals for this very reason.
“Office Policies” Impact Plea Negotiations
Depending upon the nature of your charges and the facts of your case, the prosecution may have a political motive for not offering you a fair plea agreement. For example, many DA’s Offices will refuse to withdraw or amend DUI charges to a non-DUI offense based upon office policy, even if the evidence against the person is weak or inconclusive. In those cases, a trial may be necessary.
Your Past Criminal Record May Come Back to Haunt You
In many cases, an offender with an extensive criminal record is unlikely to get the same deal as a first-time offender with no criminal record. Sentencing guidelines will account for a person’s current criminal charges (Offense Gravity Score) and the person’s past criminal history (Prior Record Score) in determining mitigated, standard and aggravated ranges of sentences.
Understand the Strengths and Weaknesses of Your Case and Have Realistic Goals
It is important to have realistic goals for resolving your case. You have to account for the strengths and weaknesses of your case, your prior criminal history, and the possible range of sentences you could receive if you go to trial and lose. Your attorney can best help you understand these issues and negotiate a potential resolution on your behalf.
Reputation and Preparation May Help With Plea Negotiations
Does your criminal defense attorney have a positive reputation in his or her legal community? Does your criminal defense lawyer show up to court prepared, or try to wing it? Does your criminal defense attorney know how to try cases? District Attorneys know the answer to these questions when dealing with attorneys, and outcomes may be impacted by these factors.
Experienced Criminal Defense Attorneys Know How to Best Present Mitigating Evidence on Behalf of Clients
Criminal activity is often spurned by a combination of individual life factors, such as alcoholism, addiction, mental health considerations and personal circumstances. For example, a client with mental health disorders may engage in criminal behavior as a result of a condition that is not managed appropriately, but is currently being treated and managed properly. Another client may be in illegal possession of a gun because he or she was almost shot and killed in the past.
Being a criminal defense attorney doesn’t just involve analyzing facts and law - it involves persuading others to understand the broader picture about the client’s involvement in the justice system and prospects for rehabilitation.
The Zuckerman Law Firm can help with plea negotiations
As a former Assistant District Attorney who has prosecuted thousands of cases, Attorney Dave Zuckerman has heard nearly every sales pitch imaginable. As a criminal defense attorney who has represented thousands of individuals in state courts throughout Western Pennsylvania, Attorney Zuckerman understands how to negotiate case resolutions based upon the facts, law and unique characteristics of each individual client.
On a quarterly basis, we update our anonymous case results so you can see the types of cases we handle and outcomes we have achieved for our clients.
For a free consultation, please contact our office at 412-447-5580.