Criminal Defense Lawyers

Plea Bargaining Strategies for Reduced Penalties in Counterfeiting Cases

Plea Bargaining Strategies for Reduced Penalties in Counterfeiting Cases

Plea bargaining is a common practice in the criminal justice system where a defendant pleads guilty to a lesser offense in exchange for a more lenient sentence. This can be an effective strategy for defendants facing counterfeiting charges to reduce penalties. Here are some tips on plea bargaining tactics in counterfeiting cases:

Assess the Strength of the Prosecution’s Case

The first thing to do is objectively evaluate the strength of the prosecution’s evidence against you. If they have strong forensic evidence, eyewitness testimony, or records directly linking you to the crime, they likely have a solid case. But if the evidence is mostly circumstantial, you may have more leverage in bargaining. Consult with your attorney to get their take on the case strength.

Understand the Potential Penalties

Research the potential penalties for the charges you’re facing. Counterfeiting can bring fines up to $250,000 and prison time up to 5 years per offense [1]. Know the sentencing guidelines and mandatory minimums so you understand the worst case scenario if convicted at trial. This knowledge will help assess if a plea deal is favorable.

Offer to Cooperate

Prosecutors often award lower sentences in exchange for cooperation with their investigations. If you have information about or willing to testify against co-conspirators or counterfeiting rings, make this known to the prosecution. They may see your cooperation as valuable and agree to lesser charges or reduced sentencing recommendations.

Emphasize Limited Role

If you played a minor role in the counterfeiting scheme, highlight this to cast yourself in a sympathetic light. For example, if you were just a courier or errand runner rather than manufacturing or distributing fake bills, emphasize your limited involvement. Prosecutors may agree to drop the harshest charges against minor players.

Offer Restitution

Voluntarily offering to repay victims of the counterfeit bills can demonstrate remorse and willingness to make amends. This can be persuasive in plea negotiations. Be sure to make any restitution offer in writing with specifics on payment amounts and timeline. Follow through if the prosecutor agrees.

Plead to a Lesser Charge

Often the prosecution will allow pleading guilty to a less serious charge in exchange for dropping the counterfeiting counts. For example, you may be able to plead to simple possession of forged instruments instead of manufacturing or conspiracy charges. This lesser offense likely carries much lower penalties.

Request a Sentencing Recommendation

Work to have the prosecutor agree to recommend a lighter sentence to the judge. This can include proposing a sentencing range lower than the standard guidelines. While judges aren’t bound by these recommendations, if worded strongly they can influence the final sentence.

Negotiate the Facts

You can request the prosecutor present a version of the facts at sentencing that cast your actions in a less negative light. For example, rather than saying you passed $5000 in fake bills, negotiate to say you passed $500. Facts impact sentencing, so negotiate them favorably.

Don’t Admit More Than Necessary

When pleading guilty, only admit to the narrow conduct required for the plea deal. Don’t voluntarily provide additional facts harmful to your case. Stick to the agreed upon facts for sentencing rather than trying to clear your conscience. Anything said can potentially increase your sentence.

Ask for Probation

It may be possible to avoid prison entirely by pleading guilty in exchange for probation. This may require cooperation, restitution, pleading to minor charges, etc. But probation may be an option for first time or low level offenders.

Request Leniency Programs

Some jurisdictions have diversion programs for first time offenders or those with minimal criminal history. These can include deferred adjudication or pretrial intervention. Consult your lawyer on options to have the charges dropped after a period of good behavior rather than going to trial.

Don’t Accept the First Offer

Prosecutors often start with harsh initial offers to scare defendants into pleading quickly. Don’t accept the first plea bargain offered. Talk to your lawyer about countering and negotiating further concessions. Be willing to gently threaten going to trial if you don’t get an acceptable deal.

Enlist an Experienced Lawyer

A skilled lawyer with relationships with local prosecutors can often negotiate better deals than defendants representing themselves. Don’t try to bargain a complex counterfeiting case alone. Hire the best lawyer you can. Their skills can make the difference in getting charges dropped or penalties significantly reduced.

Plea bargaining requires strategy, negotiation skills, and nuance. With wise preparation and representation, many counterfeiting defendants can get charges dropped or penalties lowered substantially below the maximums. Consider the above tips when navigating the plea negotiation process.

[1] https://www.law.cornell.edu/uscode/text/18/471