As a prosecutor for Mario’s case, I would give him a plea offer that would appeal to him to expedite the conclusion of his case. Assuming Mario was charged with the possession of methamphetamine and with DUI (with a blood alcohol content of .08/.09), I would offer him two types of plea offers. The first offer would involve the dropping of the DUI charge, seeing as the level of alcohol in his blood wasn’t too high, in exchange for a guilty plea for the possession charge, such that his case will get prosecuted as a misdemeanor, attracting a less severe sentence of 120 days in jail instead of the 3 years that the law prescribes if he is found guilty.
The second offer would involve pleading guilty for both crimes in exchange for a diversion with the condition that he names the supplier of the methamphetamine that was found in his possession. The diversion would entail a six-month community service program, two hours per day, and an eighteen-month probation period, upon completion of which the charges will be dismissed. In drafting this offer, the first thing I would consider is the huge number of case files I must clear and the backlog of cases that I have. With this in mind, I will be fast to give a plea offer in order to get a quick prosecution, clear this case, and move on to the next one as swiftly as possible. I would also consider the fact that Mario has to stay in school to do something meaningful in his life and taking him to jail would only but worsen his situation.
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My offer would be really attractive to Mario since the prospect of being found guilty at a trial would be devastating to his young life. Since he is a first-time criminal, this gives him the much needed benefit of doubt in order to reorganize his life. This offer is especially greatly generous since my office has enough evidence to prove his guilt beyond any reasonable doubt.
On the other hand, as Mario’s defense lawyer, I would first find out whether the prosecution’s case has tangible grounds to nail my client. I would then go over the circumstances under which my client was searched and arrested for the crimes he is accused of. After satisfactory conclusion, I would make a counter offer for the prosecution that the diversion be revised and the condition that my client names the supplier be subsequently dropped. My counter offer diversion would be drafted such that my client should attend a two-month community service of an hour a day and be put on probation for the three months upon whose completion the charges should be dropped.
This offer would be appealing to the prosecution since, first, my client is being charged for the first time in the same way as this was his first offense, so he might get some leniency if the case goes to trial. Second, the circumstances under which my client had been searched to discover the drugs were exceedingly unlawful since the law enforcers had no permit to search his car. This if presented in a court of law would render the little amount of Meth inadmissible as evidence. My client apparently was just under the influence of alcohol and not meth and would have been a victim of planted evidence. These facts would at least cut into half the prosecutor’s case leaving only the DUI charge whose sentence is six months in jail. Given the uncertainty of getting my client found guilty, it would be just prudent for the prosecution to take my counter offer.
References
Experienced criminal lawyers . Plea bargains/plea agreements . Retrieved from http://www.experiencedcriminallawyers.com/articles/plea-bargain-plea-agreements/
Criminal law. Plea bargains and guilty pleas . Retrieved from http://criminal.lawyers.com/criminal-law-basics/plea-bargains-and-guilty-pleas.html
Criminal defense (2012). What are the usual conditions of a plea bargain on a felony to misdemeanor on possession of narcotics first offense ? Retrieved from https://www.avvo.com/legal-answers/what-are-the-usual-conditions-of-a-plea-bargain-on-759845.html
