If you were arrested tomorrow, would you know your rights? Would your head be clear enough to exercise your rights?

Criminal defense attorneys see it happen all too often – a person is arrested on any number of charges and, whether unintentionally, because of a lack of knowledge, or out of fear or coercion, they give up their rights.

The following tips will help you to avoid giving up your rights if you are ever faced with criminal charges.

Remain Silent
It is your constitutional right to remain silent. Don’t be fooled by a polite police officer who asks if you would like to tell your side of the story, because the police are not looking to let you go, no matter what they say. They are actually looking for a way to justify your arrest and collecting evidence against you.

Plead the Fifth
The 5th Amendment to the United States Constitution states that no person shall be compelled to be a witness against themselves. As long as any statements you make are voluntary, and you have not been compelled to say anything, those statements are admissible as evidence against you. By choosing not to answer the officer's questions, you effectively deprive the officer of that evidence.

Do not Cooperate
Many officers will tell you that if you work with them, they can make it easy for you. However, officers have no authority when it comes to prosecution.

Demand Your Attorney

The 6th Amendment states that if a suspect asks to speak with an attorney before or during questioning, the police must break end the questioning until the suspect’s attorney is present. This gives you an enormous amount of power over the police. Avoid getting angry or frustrated. Simply ask politely to speak with your attorney.

If you have been arrested, taken into custody, or charged with a crime, just remember to exercise your right to remain silent and your right to speak with an attorney.

Your freedom and your future will depend upon it.

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Many of us have done it. We attend a party, have a few drinks and make the determination that we are sober enough to drive home.

What’s the big deal?

Just one drink can be a big deal if you get pulled over by a police officer because, depending on the circumstances, just one drink can elevate your blood alcohol level to higher than the legal limit. That’s enough for you to be arrested and charged with driving under the influence.

There are several ways that police officers attempt to keep drunk drivers off the road, the most common being through the use of DUI checkpoints. Checkpoints are typically set up late at night or in the early morning when impaired drivers are more likely to be on the road.

At a checkpoint, officers will often stop every other car or stop cars in patterns. If they suspect that a driver is impaired, the driver will be asked to exit the vehicle and the police will begin the process of determining whether or not the driver has had too much to drink.

Determining whether or not a driver is impaired usually requires several steps. The first step might be to search the vehicle for open containers or bottles of alcohol. However, the driver has the right to refuse the search.

Next, the officer will likely have the driver perform a sobriety test, which may include walking in a straight line, reciting the alphabet backwards or following a finger with their eyes. The way a driver performs these tests will give some insight as to how much they have had to drink and whether they are sober enough to drive.

The police officer may next conduct a breathalyzer test to check blood alcohol levels. Should the officer determine that the driver is under the influence; the driver will most likely be arrested and held in jail. Usually, the driver is charged with a DUI.

In every case involving a DUI arrest, there is the chance that the defendant will lose their license, pay fines, spend time in jail and more. That is why it is important to hire an attorney to defend you in a DUI case, especially if you don’t believe that you were impaired.

A popular defense is that some tests show inaccurate blood alcohol levels. While the margin for error isn’t great, it can be enough to mean the difference between guilt and innocence.

If you have more than one drink and in some cases, only one drink, it is best to refrain from operating a vehicle and call a cab or have a sober friend drive you home.

By keeping these simple steps in mind, you can ensure that you are never arrested and charged with a DWI.

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All of us have gotten “common advice” from our peers about what to do when faced with criminal charges. Unfortunately, most legal advice does not apply to everyone in every unique situation.

For example, how many times have you heard that it is not a good idea, under any circumstances, to blow into a breathalyzer if you've been pulled over for drinking and driving?

Have you heard that one before? Unfortunately this advice has gotten a lot of people into trouble. In some situations, you should blow into the breathalyzer because you are not over the legal limit. This is why it is important to know how much you have been drinking.

In most states it is not illegal to drive after you have been drinking alcohol, only when you have drank too much alcohol. If you know you have had too much to drink, than it is best not to take the breathalyzer test and you should leave it up to a competent defense attorney to help you in court. However, if you have only had one or two drinks and blow into a breathalyzer, you will likely be able to clear the situation up on the spot.

Another tip for staying safe is to avoid talking to a police officer when they are accusing you of a crime. Your right to remain silent should not be taken lightly because the police officer is not required to take what you said and use it in such a way that it helps your case. You also run the risk of your statement being misconstrued and it will ultimately boil down to your word against the police officer’s word.

Many people think that they can talk their way out of an arrest and often feel compelled to tell their side of the story. Unfortunately, it doesn't matter whether or not you are innocent at the time of arrest. It only matters in a court of law. Until you get to that point, however, it is critical to your safety and your freedom that you do not, under any circumstances, discuss the charges against you with anyone except your attorney.

Finally, should you ever find yourself in the unfortunate situation of needing a defense attorney, it is important that you not rely on a public defender. Instead, seek the help of a skilled, private criminal defense lawyer. While most public defenders mean well, you will almost always get better results from a private attorney.

Hiring a private defense attorney may sound like an expensive proposition, compared to using a free one, but when you are faced with losing your freedom and your good name, the price of retaining good, competent legal counsel is easily justified and worth it.

The bottom line is that most people don't think about how they would handle being accused of a crime by the police. They do not think about needing a defense attorney and what they would do in that circumstance.

However, it's important to think about these things, and even more important to have a plan in place should you ever face charges.

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A Plea bargain refers to an agreement made by your criminal defense attorney and the prosecuting attorney in your criminal case, whereby you plead guilty to the charges against you in exchange for a reduced sentence or fewer charges. Plea bargains can be beneficial particularly when there is a chance of a conviction and you want to avoid jail time.

Here is how the process works:

Once the trial date is set, the prosecuting attorney will start preparing for trial by gathering evidence and looking at police reports. The prosecutor will weigh the likelihood of taking your case to trial based on the evidence against you. The strength of the evidence depends on several factors including witness testimonies, the presence of DNA evidence and other types of evidence.

The prosecutor and your criminal attorney will likely meet prior to your trial date to evaluate the evidence for a possible conviction. If your criminal lawyer is handing your case appropriately, he or she could argue that the case is weak and should be dismissed or amended to a lesser charge. Because prosecutors usually want to avoid a “not guilty” verdict and your attorney wants you to avoid jail time, both sides may reach a compromise that will be beneficial to you.

Plea bargaining can take place at any point during trial prep and often happens on the day of the trial. The prosecutor will often make an offer at pre-trial and if accepted by you and your attorney, will then enter your plea and you will receive your sentence.

However, if you are innocent, you should go to trial and not plead to anything, unless the severity of your possible punishment is so extreme that your attorney could be forced to agree to some kind of plea agreement to keep you out of jail. If you are in the unfortunate position of being guilty, you might want your attorney to get the prosecutor to amend the charge to a misdemeanor or some lesser charge that will garner probation rather than jail time.

Most importantly, make sure hire a criminal defense lawyer that knows when it is best to demand a trial and when it is best to reach a compromise.

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When you or a loved one has been charged with a crime, the most important decision you will have to make is which criminal defense lawyer you will hire to help clear you of the charges.

Use the following questions to make an informed decision and hire the best criminal defense law firm for your case:

1.) How many years of experience does the attorney or the law firm have in dealing with the type of crime you have been charged with? It is imperative that you choose a law firm that is familiar with and has experience in dealing with the type of criminal charges that have been brought against you. It is appropriate and within your rights to ask the firm how many of these types of cases they have handled.

2.) How much experience do they have in dealing with the courts in the jurisdiction where you have been charged? In addition to being well versed in the law as it relates to your specific charges, they should be equally familiar with the venue where your case is being tried. An understanding of court procedures, how the judges and prosecutors operate, and even the firm’s relationship with those working in the court system can give you a major advantage.

3.) How many attorneys work at the firm? It is always best to retain a law firm with multiple experienced criminal defense attorneys who can work together on your case. Because criminal defense cases can be complicated, you are better off retaining a highly skilled defense team with multiple lawyers that can work together, as opposed to a criminal defense lawyer that works alone.

4.) How personable is the staff at the law office? A good indicator of how easy it will be to communicate with your lawyer is how easy or difficult it was to speak to the lawyer or their legal assistant when you first contacted their office.

5.) Do they communicate via email? An efficient criminal defense attorney will provide you with the email address of the lawyers working on your case. You should also be able to contact the law firm after hours when an emergency arises.

6.) Can the law firm offer testimonials from past clients? Ask for statements from former clients who were facing similar criminal charges and selected the law firm to help them. Make sure that firm’s website offers information about how other clients felt about the services that the law firm provided.

7.) Will the law firm give you a written agreement regarding the cost of their services? It is critical that you sign a written contract before hiring a criminal defense attorney.

Only if you ask all of the above questions, will you be ready to make an informed decision regarding who defends you in your criminal case case.

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When charged with a crime, having a good defense strategy can make the difference between imprisonment and freedom, and the difference between high fines and community service.

While defense strategies are unique to each individual case, your particular strategy will emerge as your criminal defense attorney uncovers information about the case, including the prosecution’s evidence and your version of what happened.
Variations of Truth

As the defendant in a criminal case, you will most often benefit from revealing the truth, as you perceive it, to your criminal defense lawyer. Although the story may be told in different ways, it doesn’t mean that each version is not accurate.

In a criminal case, you and your attorney must work together to form the most accurate version of the facts of the case and must contain the following elements:

• Consistency with evidence presented. For example, if your fingerprints were found at the scene, your version of the truth should explain why.

• Potential to win sympathy. Your version of the truth, for example, could show that you tried to prevent a crime from happening.

• Explaining the reason for relevant alibis. If you claim you were not present when the crime occurred, for example, you must explain where you were and why.

As the defendant, you should never reveal a spontaneous version of the events without first strategizing with a criminal defense attorney because these factors may be excluded, ultimately hurting your case.

In most criminal cases, multiple versions of the truth will exist and a good defense attorney will help you to devise the most favorable version of the events to develop a solid defense strategy.

Being accused of a crime is a life-changing event and you cannot live your life as usual until you have been completely exonerated. For anyone dealing with the criminal justice system for the first time, the process can be a scary one. Hiring the right criminal defense attorney is important if you want a successful outcome in your criminal case.

A criminal defense lawyer specializes in defending those charged with a criminal offense. Hiring a lawyer can be confusing process, because there are many different types of lawyers out there. Here are some tips that you should follow on your quest to find a criminal defense attorney to represent you.

1) Demand specific and relevant experience. Look for a law firm that concentrates on only a few types of criminal defense law, particularly as it applies to the specific charges against you. For example, if you were charged with DWI, it is not a good idea to hire a law firm known for its expertise in defending domestic dispute charges.

2) Ask around. Whenever possible, ask your friends if they know any criminal defense attorneys. A referral is an excellent way to meet a good attorney.

3) Look for a free initial consultation. Most criminal defense attorneys offer free consultations, either by phone or in person. Make sure that you explain your situation honestly because, if you don’t, it can have a negative impact on your case. Don’t choose an attorney who is not willing to offer a free consultation.

4) Check the fine print. Before hiring an attorney, be sure that you clearly understand the fee structure of your contract. Be aware that almost every attorney requires a retainer after the initial consultation.

5) Check references. Do your homework and find out if the attorney belongs to any legal organizations, such as a State Bar Association or the National Association of Lawyers. If so, you can be confident that you are likely in good hands.

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White Collar Crime

White Collar Crime refers to criminal offenses that typically occur in businesses or corporations. They may include insider trading, antitrust violations, computer fraud, securities fraud, or money laundering, to name a few.

Non-violent in nature, white collar crimes generally involve some form of fraud and are committed through what appear to be legitimate businesses. In some cases, business principals may be involved in the crime, while in other cases the crime may be committed by an employee, without anyone else’s knowledge.

Preventing and Responding to White Collar Crime

To prevent crime, businesses should impose safeguards to check on the conduct of employees. This may include audits of banking activities, for example.

When a business does not appropriately respond to criminal activity, or allegations of a crime, it may give the appearance that the principals were involved. If a business does not wish to be held responsible for an employee’s illegal conduct it should cooperate with any criminal investigations conducted.

When a Business is Charged with an Offense

When a business appears to have engaged in activities prohibited by antitrust laws, or to have engaged in racketeering conduct, failed to keep required records, failed to comply with laws requiring financial transactions to be reported, or in any other illegal activity, it may face a civil lawsuit. If a business or corporation is heavily involved in criminal activity, criminal charges may be filed against the business itself. This usually happens when managers or directors have been involved in, or were indifferent to, the illegal activity.

How a Business can be Punished

Businesses can be punished, typically, only in financial terms. It is possible, however, to impose what is known as a "corporate death penalty,” imposing fines so large that the business is forced to shut down. It is also possible for a business to be given a term of "probation," during which it is carefully monitored by the court

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If you are charged with drunk driving, it is never a good idea to represent yourself.
Although drunk driving may seem like a minor offense to some people, it is one of the most complicated criminal charges that prosecutors can bring. There are numerous technical defenses that an attorney may raise, to help you avoid conviction, negotiate a lesser charge, or reduce the terms of your conviction.

There are several defenses in a drunk driving case, including:

Incorrect or Inadmissible Test Results

You may be able to argue that the blood alcohol test results used by the prosecution and garnered by the police, are incorrect or inadmissible because of an error in the test administration. Perhaps the testing device was not properly maintained, device maintenance records were not properly kept, or the administrating officer was not properly trained.

Sometimes police violate procedures during the test, like failing to observe a suspect appropriately before administering the test or failing to call a supervisor when an error occurs. Also, failure to give the suspect proper warnings may result in the exclusion of the test results.

In rare cases, certain medical conditions or medications have been known to inflate test results.

Lack of Probable Cause

Your attorney may argue that the police did not have probable cause to arrest you for drunk driving and that any test results should be suppressed because they stem from an illegal arrest.

Wrong Driver Defense

You may have been arrested for drunk driving, but someone else was actually driving the car. In some cases, a passenger will change places with the driver to help them avoid prosecution.

In this case, the prosecution must prove that the defendant was actually driving. However, this is an incredibly difficult defense to mount.

No Impairment Existed
Your attorney may call witnesses to testify that they observed you driving shortly before you were pulled over and saw no signs of impairment. While it is possible to mount this defense without witnesses, it is difficult.

Rising Blood Alcohol Content

You may choose to argue that you were not above the legal limit while driving because you consumed liquor right before you drove and it had not yet been absorbed into your blood. During the time between the traffic stop and the administration of a blood alcohol test, you may argue that the alcohol was absorbed, resulting in a misleading test result.


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Leading Connecticut private investigator says that a new study looks beyond demographics to figure out why spouses cheat.

“It is quite natural to wonder what it is exactly that makes a person stray,” says Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases. “According to a new study, risk taking tendencies can turn a man into a cheater, while relationship issues seem to be a big factor among women.”

According to Paoletti, regardless of gender, personality characteristics and interpersonal factors are a far better indicator of whether or not a person will cheat on their spouse or significant other. However, he says that, up until now, most studies focused on religion, marital status and education as indicators.

“It is not often that a study focusing on infidelity goes beyond exploring simple demographics,” says Paoletti, referring to a recent study conducted by researchers from Indiana University and published in the journal, Archives of Sexual Behavior. “What this study shows is that demographic variables may not influence the decision to cheat as much as previously thought. In fact, it suggests that personality matters more, especially in men.”

According to Paoletti, the study, involving 506 men and 412 women in monogamous relationships of three months to 43 years, found that men and women reported similar rates of infidelity (23 and 19 percent, respectively). However, he says that the factors associated with predicting unfaithfulness varied greatly based on gender.

“For men, personality variables played a huge role and included their arousal levels in certain situations and concern about sexual performance,” Paoletti said. “When it comes to women, happiness in the relationship is a key factor. The study found that women who are not satisfied with their relationship are twice as likely to cheat and those who feel sexually incompatible with their partners are three times as likely to cheat.”

Paoletti says that when you take the study at face value, it may seem like the researchers are stereotyping. Yet it proves that there are many variants and factors that behind someone’s decision to cheat.

“The bottom line is that sexual personality characteristics and relationship factors are strong predictors,” he concluded.

Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

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Birth injury or birth trauma typically refers to the injuries that a baby may suffer as a result of complications during labor and/or delivery. Often, depending on negligence and the severity of the event, children and their parents are awarded money for pain, suffering and future medical and care costs when birth injury occurs.

There is a wide spectrum of birth injuries that can range from the mild to the severe. A birth injury may simply cause minor bruising or can be severe enough to cause nerve or brain damage.

While most birth injuries are not the result of medical malpractice, a personal injury lawyer can help you investigate whether or not a lawsuit is warranted.

Common traumatic birth injuries may include:

Bruising or Forceps Marks: It is not uncommon for a baby to suffer bruising on the face or head from passing though the mother’s birth canal. If forceps are used during the delivery, they can leave marks on the baby's head, but are usually temporary. Other forms of extraction, such as vacuum extractions, may also cause bruising. In extreme cases, a child may suffer a skull fracture.

Subconjunctival Hemorrhage: Also a common birth injury, a subconjunctival hemorrhage typically results in a bright red band appearing around the iris of either one or, in some case, both of the infant’s eyes. Typically, this condition does not cause damage to the eyes and disappears within ten days.

Caput Succedaneum: This severe swelling of the scalp usually occurs as a result of a vacuum extraction. However, the condition is not usually serious and swelling typically disappears within a few days.

Cephalohematoma: This condition refers to bleeding between the infant’s bone and its fibrous covering, usually on the infant’s head. Although this condition usually resolves itself within three months, it can cause jaundice.

Facial Paralysis: The use of forceps or simply the pressure on an infant’s face during birth can cause injury to the facial nerves. In mild cases, the paralysis goes away within weeks. If the nerve damage is severe, surgery may be necessary.

Brachial Palsy, Erb's Palsy and Klumpke's Palsy: These conditions occur when the nerves that control the movement of the baby’s arms and hands are injured and is usually the result of the baby's shoulders being impaired during passage through the birth canal. Mild cases will cause bruising and recovery usually takes a few months. In severe cases, permanent nerve damage can occur, resulting in the need for physical therapy and surgery.

Fractured Bones: The most common bone fracture related to birth is a collar bone fracture, which usually occurs during a breech delivery. A baby can recover quickly if the once is properly immobilized.

Brain Injuries: When there are complications during birth, oxygen deprivation is common as a result of blood loss or the compression of the umbilical cord. It is prolonged oxygen deprivation that can cause brain damage, result in long-term seizures, cerebral palsy, or mental deficiencies.

Common Causes of Birth Injuries

Most injuries will occur during a difficult delivery affected by:
• The baby's size: Birth injuries are more likely when a child has a high weight or is premature.
• Cephalopelvic Disproportion: This refers to the size and shape of a mother's pelvis being inadequate for the child to be delivered vaginally.
• Difficult labor: A prolonged labor or deliver can result in injury.
• The baby's position: Breech births, where the child's legs are presented first, are more likely to result in injury.

Medical Malpractice

Medical errors can result in birth injuries or increase their severity.

Actionable errors may include:

• Failure to anticipate birth complications.
• Failure to appropriately respond to bleeding.
• Failure to respond to umbilical cord problems.
• Failure to respond to fetal distress.
• Delay in ordering cesarean section.
• Misuse of forceps or misuse of the vacuum extractor.
• Inappropriate administration of drugs.

Injuries can also occur as a result of poor care following the birth, such as mistakes made during circumcision or failure to properly treat an infection.

In evaluating a possible claim, a malpractice attorney will review all of the baby's medical records, including those associated with the birth and neonatal care, and may suggest that they be reviewed by a physician or other expert.

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If you are facing serious criminal charges, it is in your best interest to have an experienced criminal defense attorney on your side and you should never represent yourself. Unfortunately, our legal system is set up in such a way that it is near impossible to defend yourself against criminal charges on your own.

So, what can you expect from your criminal defense lawyer?

Aside from the obvious, such as calling witnesses to your defense and cross-examining the prosecutor’s witness, a criminal defense attorney can do a whole lot more, including:

• Work to negotiate a plea bargain which can reduce your sentence or eliminate some of the charges.

• Explain the pros and cons of any plea deal that may be offered.

• Help negotiate a sentence that can keep you out of the justice system for good.

• Help you navigate through the stress of a criminal trial.

• Advise you of the important legal rules that can help you successfully beat the charges against you.

• Gather evidence and statements from potential prosecutorial witnesses.

• Hire an investigator and expert witnesses to help your case.

Much of the work that is done by a seasoned criminal defense attorney cannot be handled by defendants trying to represent themselves. That’s why, when faced with criminal charges, it is best to hire an experienced criminal defense attorney.

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Leading private investigator offers advice on how to catch a cheating spouse by watching his or her online activity.

According to Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases, there are more than 600 million people on Facebook and more than 50% of them are logged on for nearly an hour on any given day.

“When you add to that the fact that more than 116 million people visit online dating sites each month,” Paoletti says, “it becomes apparent that the Internet is like one big digital playground, with lots of unhappily married men and woman out there on the prowl.”

So how do you know if your spouse or lover is cheating online?

Paoletti offers five ways to tell if he or she is involved with someone else using the digital playground known as the Internet:

1. Your significant other frequently logs on to Facebook or other social media websites and spends hours “chatting” with friends.

2. Your significant other spends much of their free time texting and leaves the room to respond to alerts from their phone.

3. You met your significant other online, but for some reason, your significant other has not yet removed his or her online dating profile, even though you are a couple. Also, don’t forget to check and see if their online dating profile shows recent login activity. If so, this should be a red flag.

4. Your significant other frequently changes plans at the last minute because of “work commitments” or because they are suddenly not feeling well.

5. You used to share a computer, but now your lover has his or her own computer and it is never left open for viewing, passwords are private, and it is always locked up while not in use.
“It is important to remember that everyone, no matter how careful they think they are, creates a digital record of online activities through blog posts, comments, tweets, Facebook updates and photos,” says Paoletti. “It doesn’t always take a private investigator to catch a cheating spouse. However, if you think you’ve found the proof, it may be a wise idea to hire one to confirm it.”
Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

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In order to be liable for either an assault or battery, a defendant must lack privilege to assault or batter a plaintiff.

The following are examples of privilege when it comes to an assault or battery charge:

Consent
If a defendant had the plaintiff's consent to commit an act of assault or battery, the plaintiff may not later bring a lawsuit. The most typical context for consent occurs in sports, such as intentional fouls in basketball, or tackles in football, because they are an anticipated part of the game.

Police Conduct
A police officer is privileged to apply the threat of force or, if necessary, actual force, in order to make an arrest. A defendant who suffers injury as the result of reasonable force exerted by the police will not be able to sustain a lawsuit against the arresting officers for assault or battery.

Self-Defense
A person who is assaulted may use necessary and reasonable force to protect him or herself from bodily harm. An act of self-defense must ordinarily be proportionate to the threat. For example, if you believe a person is going to spit on you, depending upon the context, it may be reasonable to push the person away.

Defense of Others
Defense of others is quite similar to self-defense, and usually occurs in the context of one family member protecting another.

Voluntary or Mutual Combat
When a plaintiff voluntarily engages in a fight with a defendant for the sake of fighting, and not as a means of self-defense, the plaintiff may not press charges for an assault or battery, unless the defendant beat the plaintiff excessively or used unreasonable force. If two people voluntarily enter a brawl, it is unlikely that either will be able to sue the other, unless extenuating circumstances exist.

Defense of Property
Most states allow for the use of some amount of threat or force by a person who is seeking to protect his or her property from theft or damage. In most jurisdictions, there is no privilege to use force that may cause death or serious injury against trespassers, unless the trespass itself threatens death or serious injury.

Discipline
There are some people that are legally authorized to apply physical restraint or battery in order to discipline others. For example, parents are legally authorized to apply reasonable physical discipline upon their children and even school teachers, in some states, are permitted to apply a certain level of physical restraint or discipline against students.

Merchant's Privilege
Most states allow merchants the right to apply reasonable force to detain shoplifters, or other persons who the merchant reasonably believes are attempting to steal the merchant's property.

“Plea bargain” is a common legal term that refers to a deal offered by a prosecutor as incentive for a defendant to plead guilty.

Plea bargains are quite common and are an effective tool used to ensure that the justice system runs smoothly. If every case were to go to trial, for example, the courts would be so overloaded that they would effectively be shut down. Plea bargains allow the prosecutor to obtain guilty pleas in cases that might otherwise go to trial, alleviating the pressure on the justice system.

There are typically two types of plea bargains.

• Charge Bargain

A "charge bargain" occurs when the prosecutor allows the defendant to plead guilty to a lesser offense than he or she was originally charged with, or to only some of the charges that have been filed, when multiple charges are involved.

For example, a defendant that has been charged with “armed robbery” may be offered the opportunity to plead guilty to "attempted armed robbery," and a defendant charged with DWI and “unlicensed operation of a motor vehicle” may be offered the opportunity to plead guilty to the drunken driving charge alone.

• Sentence Bargain

A "sentence bargain" is one where a defendant is told, in advance, what his punishment will be if he pleads guilty. This helps a prosecutor obtain a conviction if a defendant is facing serious charges and is afraid of being given the maximum sentence.

Typically, sentence bargains must be approved by the judge and many jurisdictions limit sentence bargaining. Sentence bargaining is often used in high profile cases, where the prosecutor does not want to reduce the charges against the defendant.

A plea bargain is a contract between the prosecutor and the defendant, and both parties are required to comply with its terms. If your plea bargain requires you to perform particular tasks (such as pleading guilty on a particular date, cooperating in an investigation, or testifying against a co-defendant), the prosecutor may revoke the plea bargain if you fail to meet those terms.

On the other hand, if the prosecutor breaks a deal with a defendant, the defendant may seek to have the plea set aside, or seek a court order requiring the prosecutor to respect the plea bargain.

Defendants should make sure that the plea deal is clearly stated on the record at the time of the plea. Sometimes, it will be reduced to writing and signed by the parties. It is usually adequate to reference the written plea agreement on the record, without reciting all of the terms.

To ensure that you are getting the best plea deal possible in your criminal defense case, it is important to hire a criminal defense attorney with experience in bargaining with prosecutors.

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