Can You Expect Mercy from the Court or Should You Allow Your Attorney to Fight the Charges?

Interviewer: Do you ever encounter clients who say, “What if I do feel guilty about the charges or I do believe I’m guilty because I know I did something wrong?” Should they then just throw themselves at the mercy of the court or should they still allow you, as their attorney, to fight the charges?

Attorney Kramer Believes It Is Always Worthwhile to Defend the Charges as Strenuously as Possible

Michael: There are various ways to fight charges whether you’re guilty or not guilty. Everyone is presumed innocent. Whether you’re guilty in your own mind or even guilty factually doesn’t matter because you’re still presumed innocent legally.

If a Dismissal Is Not Viable, Your Attorney Will Negotiate to Reduce the Level of the Charges

Although you might not get off totally, you might not totally be exonerated completely with regard to your charges but there are various degrees and levels of the charges that might be able to be negotiated.

For example, police and prosecutors charged you with the highest crime they could possibly come up with in regard to your factual situation. However, there are many levels under that that are subject to negotiation and that’s a form of fighting the charges as well as fighting for a total not guilty plea.

Your Attorney Will Negotiate Your Sentence with the Judge

So you need an attorney to negotiate a reduction of charges. You also need an attorney to negotiate a sentence with a judge, once you have come to an agreement with the prosecutor as to how the charge will be reduced to. Now all that remains is to go before judge enter the plea and negotiate sentence.

Interviewer: So that’s not necessarily the prosecutor that determines the sentence. They have the ability to reduce the charge but it will still be ultimately up to the judge on how you’re sentenced.

The Judges Have Discretion in Sentencing as Long as the Charge Is Not Subject to Mandatory Minimum Sentencing Guidelines

Michael: Yes, that is right. Prosecutors may make the recommendation to the judge as to what they feel is an appropriate sentence but by and large it’s up to the judge. The only caveat is that you’re not dealing with mandatory minimum sentence, which has been in favor in the past 10 years or so.

But those mandatory minimums are becoming more and more out of favor now because that’s taking discretion away from a judge. Mandatory sentencing means that if you plea to a certain crime this is the sentence you must receive.

Interviewer: Automatically.

Michael: Yes. It’s really taking away a judge’s function.