Plea bargain checklist

Plea bargain checklist

Given the importance of the plea bargain, counsel must prepare carefully to assure, as much as possible that a positive outcome is likely. The following areas must be considered in preparing to meet with the prosecution to discuss a possible plea bargain:

• Uncertainties as to applicability of the computer crime law
• Difficulties in admission of evidence necessary to prove defendant's guilt
• Uncertainty as to effect of the case on a jury
• The likelihood that the court will sentence defendant lightly, even if there is no plea bargain
• The lack of consensus about the appropriate sentence for a "white-collar" criminal
• Any equities favoring defendant
• The possibility of restitution