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How Criminal Lawyers in DC Negotiate with Prosecutors
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How Criminal Lawyers in DC Negotiate with Prosecutors
Being charged with a crime is scary. Even if your innocent, the criminal justice system can feel like your up against a giant machine designed to get convictions. Thats where having a good criminal defense lawyer comes in–someone who knows the system and can negotiate with prosecutors on your behalf.
In Washington DC, the U.S. Attorney’s Office handles most criminal prosecutions. They have tons of resources and experienced prosecutors. As a defense lawyer, you need good negotiation skills to get them to drop charges, reduce sentences, or agree to diversion programs. Here’s an inside look at how it works.
Building a Relationship
Having an ongoing relationship with prosecutors is key. As a defense lawyer, you’ll deal with the same prosecutors over and over. Getting to know them personally and establishing trust is so important.
Prosecutors are people too. If you can show them your a reasonable person whose focused on achieving a fair outcome, they’ll be more willing to negotiate. Don’t go in attacking or antagonizing them–that just puts up walls.
Tom, a former prosecutor said, “I was always more flexible with defense attorneys I knew were straight shooters. If they said a client would take a deal, I could trust them. With the jerks just trying to get anyone off, forget it.”
Knowing the Law and Evidence
To negotiate effectively, criminal defense lawyers need to know the relevant laws and sentencing guidelines inside-out. You need to analyze the prosecution’s evidence and find any holes or legal issues. This shows the prosecutor your prepared and serious.
DC prosecutors are usually pretty experienced. If you don’t understand the case law or statutes as well as them, they won’t respect you. Do your homework so you can debate the legal merits effectively.
Chen, a DC defense lawyer said, “I’ve had cases dismissed by showing prosecutors a precedent they weren’t aware of. Knowing the law is power in negotiations.”
Leveraging Relationships
Having a good reputation and connections can also help. If you’ve worked with prosecutors before and shown your reasonable, they may listen more to what you have to say. Knowing the judge or having political connections doesn’t hurt either.
You can also look for relationships the defendant has to leverage – are they active in the community, do they volunteer, are they a family person? Anything to show they’re more than just a criminal.
Jamal, a defense attorney said, “I represented a teenager who’d shoplifted once before. But he was an Eagle Scout and volunteered at a homeless shelter. When I brought that up, the prosecutor agreed to diversion.”
Negotiation Strategies
There are some common negotiation tactics DC defense lawyers use to get better outcomes for clients:
- Offer to plead guilty to a lesser charge – this gives the prosecutor a guaranteed conviction.
- Suggest alternatives like deferred sentencing or rehabilitation programs – this shows your willing to work with them.
- Provide mitigating circumstances – mental health issues, abusive childhood, addiction problems.
- Appeal to fairness – point out if the sentence seems excessive for the crime.
- Compromise – offer to agree to certain conditions like community service or restitution.
The key is understanding the prosecutor’s motivations – their boss wants convictions and long sentences, but they also care about justice. Use that to make a deal.
When to Take a Tougher Stance
Of course, sometimes you need to take a harder line. If the prosecutor isn’t budging or their offer seems completely unreasonable, threatening to go trial may shift the dynamic.
No prosecutor wants to lose a trial they should win. Pointing out weaknesses in their case may lead them to reconsider if your willing to roll the dice.
Lee, a former defense lawyer said, “I had a client facing 10 years for robbery based on shaky eyewitness testimony. I told the prosecutor I’d try the case and grill the witness. We settled for probation.”
The Goal is a Fair Outcome
At the end of the day, the goal of negotiations is reaching a fair outcome based on the specific circumstances. As a defense lawyer, you want to avoid a trial if possible to prevent huge sentences. But you also need to vigorously defend your clients rights.
Through relationship building, legal knowledge, creative solutions, and determination, DC defense lawyers work to get justice for their clients every day. Negotiation is an art – one that takes empathy, preparation, and passion.
Sources:
Plea Bargains & Negotiations with the Prosecution
How Criminal Defense Attorneys Negotiate with Prosecutors