Can I Negotiate My Own Plea Deal?
Can I Negotiate My Own Plea Deal?
It’s possible, but not advisable.
People sometimes feel that they can negotiate a plea deal on their own. In reality, the only leverage that they may have against a prosecutor is the threat to take their case to trial. Other than crowding the prosecutor and the court’s otherwise busy schedule, there is no real threat to them losing the case. Obviously it depends on the case, but a pro se defendant has almost no chance of reducing charges with a professional prosecutor.
You don’t want to incriminate yourself in any statements you make to the prosecutor. Plea deal negotiations often include exchanges of hypothetical and potential alternatives to the facts written in the police report. If you were to be apart of those negotiations you may involuntarily give the prosecutor information that will strengthen his case against you.
If the prosecutor is a nice, friendly person, you may want to explain your situation in hopes that they will dismiss your case or reduce your charges. Keep in mind: it’s the prosecutors job to enforce the law. In other words, even though a prosecutor may see that you are in an unfair situation, they need to pursue the conviction. This means it’s unlikely the prosecutor will dismiss your case.
FAQs