Plea bargain checklist

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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