KILLHAM LAW

Is The Original Plea Offer Off The Table Once Someone Is Convicted?


Once the defendant has been convicted either by a jury trial or a bench trial, they cannot go back and have the advantages of the original plea.

When Someone Is Convicted IS The Sentence Typically Much Worse Than The Plea Offer?

It depends on what type of risk the defendant takes by going to trial, or if the defendant has prior convictions. If the plea offer agreed to drop the priors, then a conviction may result in a harsher sentence. The State often uses scare tactics by saying that their plea offer is as good as it is going to get, and that the defendant is facing a much worse penalty by going to trial. Unless there is mandatory sentencing situation, or multiple prior convictions, this thereat is usually meaningless.

How Important Is It For Someone To Know All Their Options?

It is very important for a defendant to discuss all their options with their attorney. There are many factors to consider when deciding about taking a plea agreement or going to trial, and the defendant has to have a clear understanding of the pros and cons of each one of the scenarios.

Can Counseling Or Treatment Affect The Outcome Of The Case?

The State and the court look favorably upon a defendant who voluntarily goes into a counseling or treatment program. This can result in a better plea offer, or a potentially more lenient sentence.

Can Someone Even Afford To Go To Trial?

Trials can be expensive, especially if expert witnesses need to be retained. However, money should not be the deciding factor when deciding about trial. Many defense attorneys will work with their clients regarding trial fees and may allow a payment plan. It is also important to consider the possible fines that a defendant may face if they are convicted of an offense, and the trial cost may be less than those fines.

What Important Things Should People Know About Trials?

A jury is made up of the defendant’s “peers”, but that does not guarantee that the jurors selected on the jury panel will be part of the defendant’s age group, ethnic group, or religious background. Trials are always an unknown, because there is no way to tell which way a jury will go with a verdict. Different people interpret evidence in diverse ways. The advantage of a trial is that the burden is completely on the State, and the State must convince every juror to return a guilty verdict. The verdict must be unanimous, so if one person disagrees the trial can result in a mistrial. Sometimes if there is a mistrial, the State will offer a better deal than they offered before the trial began.

How Does Your Personality, Experience And Approach Help A Client Who Has To Go To Trial In a Criminal Case?

Ms. Killham is a former prosecutor, and aware of all the tactics used at trial by the prosecuting agencies. She has a good rapport with the State attorneys and can often achieve resolutions that normally would not be possible. Her level of experience with jury trials makes her a formidable opponent, and prosecutors know that they are in for a difficult fight. Her eloquence and ability to convey legal concepts to the Court make her a persuasive advocate for her clients. Ms. Killham will advise her clients to choose the option that is in their best interest and will never pressure clients to accept a plea or proceed to trial. Clients can be assured that Ms. Killham will litigate every possible issue in their case, to ensure the best result possible

For more information on Sentencing After Conviction In A Trial, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 428-8203 today.

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