How Theft Defense Lawyers Negotiate Plea Deals To Reduce Charges and Sentences

If you’re facing theft charges in California, a “not guilty” verdict is the best-case scenario. But depending on your circumstances, accepting a plea deal might actually be a better move than going through a full criminal trial.

Of course, you’ll want to find reliable legal representation before looking into this possibility. Keep reading for a look at how theft defense lawyers negotiate plea deals to reduce charges and sentences (and why finding the right lawyer matters in this situation).

Defining Plea Deals

In a plea deal (AKA a “plea bargain”), a defendant expresses their willingness to plead “guilty” or “no contest.” In exchange for that plea, they get benefits, commitments, or concessions from the prosecutor or judge.

Plea deals are the result of negotiation between a defendant, their attorney, and the prosecution. In many cases, the judge’s involvement in this process is limited to approving the agreement reached by these parties.

Should You Accept a Plea Deal?

When you take a plea deal, you’re likely to benefit from reduced charges. That means both your sentence and the fines that come with it might be lower than they would be if you went to trial and things didn’t go your way.

That said, plea deals do have their downsides. As part of this process, you’ll have to plead guilty to at least one crime and deal with the resulting conviction. That could have lingering effects on your day-to-day life (though pursuing expungement later on may help).

Ultimately, you’ll need to consider a few factors when deciding whether or not to take a plea deal. That includes:

• The evidence the prosecution has against you
• The effects a plea deal could have on your future
• The penalties you could face

Though plea deals aren’t a perfect option, going this route could be worth it when the most likely alternative is years in jail and high fines. Luckily, you won’t have to make this decision on your own; instead, your attorney can give you trustworthy advice on how to move forward in your situation.

How the Plea Bargaining Process Works

Are you not sure what to expect if your attorney suggests a plea deal in your case? Here’s a step-by-step look at how theft crimes defense lawyers negotiate plea deals to reduce charges and sentences for their clients:

1. Charging

First, the prosecution will file charges after your arrest. At this point, you’ll probably be arraigned and enter one of these pleas:

• No contest
• Guilty
• Not guilty

Assuming you enter a “not guilty” plea, the defense and prosecution will have time to work on a plea agreement (assuming both sides are interested in this possibility).

2. Negotiation

When you choose to consider a plea deal (either directly or through your attorney), you’ll have to start negotiations with the prosecution. These negotiations can take the form of official meetings or informal discussions between your attorney and the prosecutor. Throughout this process, your attorney will try to get the best possible terms for you.

3. Agreement

If both sides reach an agreement, the end result will be a plea deal. Under this deal, you’ll agree to plead either “guilty” or “no contest” to one or more charges. Your plea deal will have to be put in writing and get signatures from both parties.

4. Approval

California law requires plea deals to be approved by a judge in order to move forward. In a plea hearing, the judge will make sure your plea is voluntary, that it is based in fact, and that you understand the rights you’ll waive by entering it.

5. Sentencing

Assuming the judge okays your plea deal, you’ll enter your plea and receive a sentence. Your sentence may include:

• Jail time
• Probation
• Fines/restitution
• Community service

The Importance of Choosing the Right Lawyer

As you can see, your defense attorney will play a massive role in helping you get a good plea deal. These professionals have deep knowledge of criminal law in California, making them indispensable at every step of the plea bargaining process.

Your attorney may be able to negotiate an even better plea deal than expected if:

• Key witnesses in your case are unavailable/unreliable
• The prosecution is relying on weak or circumstantial evidence
• You have shown remorse and a willingness to cooperate
• You have zero prior convictions

But even if all these factors are working in your favor, your attorney’s ability to get the results you’re looking for will depend on their negotiation skills. That means finding legal experts you can trust in this situation should be one of your highest priorities.

California’s Limitations on Plea Bargains

Plea deals are a realistic option for most people facing theft charges. However, that’s not automatically the case for people charged with other crimes in California.

California law places restrictions on plea bargains for certain serious offenses. Under Penal Code Section 1192.7 and related statutes, plea deals in cases involving serious or violent felonies may be limited unless specific exceptions apply, such as insufficient evidence or unavailable witnesses.

That means you probably won’t be able to use a plea deal if you’ve been charged with:

• Serious/violent felonies
• DUI cases resulting in injury or death
• Felonies related to firearms
• Some sex crimes

But even when it comes to charges like these, a plea deal may not be entirely out of the picture. In situations where witnesses are unavailable, the evidence is insufficient, or reducing a charge won’t have a serious effect on the outcome, the court might still accept a plea bargain.

Get the Best Plea Deal You Can

By now, you should have a better understanding of how theft defense lawyers negotiate plea deals to reduce charges and sentencing. Still, you’ll need to find a top-notch attorney to take full advantage of this legal option.

When you need to deal with theft charges in California, look no further than Cyrus Tabibnia and the legal experts at Tabibnia Law Firm. We’ve handled thousands of theft cases over the years, and we’ll do anything we can to get the best plea deal for you. Reach out to us by dialing (866) 511-2659 or filling out our online contact form!