Plea Agreement Review
Our Plea Agreement review starts with closely examining the Defendant’s Plea Agreement to ensure all federal charges they’re pleading guilty to, are what they’re accurately being charged with in the Indictment, criminal complaint, or other charging document.
We Look For Prosecutors & Lawyers Make Mistakes
Prosecutors are known to play fast and loose and in the course of plea reviews, we’ve come across situations where defendants made agreements to plead guilty to crimes, only to discover errors were made by defense lawyers and federal prosecutors where multiple crimes were essentially piggy-backed to each other and exposed the defendant to addition time in custody!
We Look For Value in Defendant’s Plea Agreements
We start by closely examining all counts and charges, to guide clients in getting value for signing away their right to going to trial. By signing a plea agreement, a defendant also gives up their right to trial as well as filing an appeal the ability to collaterally attack their sentence utilizing a “Motion to Vacate or Modify Their Sentence” pursuant to 28 US 2255.
Many times a prosecutor’s sole offer in a plea agreement for cooperation is to offer a reduction of 3 Offense levels in exchange for acceptance of responsibility and an early guilty plea. While this may sound like a good deal, it’s actually nothing special.
We Assess if a Plea is in a Defendant’s Best Interest
What lawyers routinely fail to tell their clients is, that you could waltz into a court room and plead guilty without any plea agreement, and at sentencing the judge could award you the same 3 level downward departures; and you haven’t given up your right to later challenge your sentence at all.
In a gist, in a plea you are agreeing to do all kinds of things, and the prosecutor is agreeing to give you something you would get anyway without giving up anything!