May 11, 2026
The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make.
But too many clients enter into bad pleas - ones that promise little and give up a lot. A client shouldn't have to settle for a plea that lacks real bite.
Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a good plea.
IN THIS EPISODE:
- Knowing the hallmarks of a “good” plea agreement;
- Knowing the long-term implications of rights you will be required to waive;
- The crucial difference between plea "stipulations" and plea "recommendations"
- Making sure your plea does not tie your hands on facts, arguments or mitigation you can present at sentencing;
- Bargaining for conditional appeal provisions;
- Bargaining away mandatory minimums;
- Pleading to an offense that substantially reduces potential statutory maximum;
- Keeping the door open for compassionate release and new challenges based on future changes to the guidelines or law ;
- The Hunter case, pending in the Supreme Court, that may make appeal waivers unconstitutional;
- And, now for something completely different, a recommendation for a powerful documentary (“Predators”).
Here is a link to the trailer for the documentary, "Predators". This film takes a fresh look at the "To Catch a Predator" series, and asks hard questions about Hansen's motivations and methods, and how he ruined lives ruined for ratings. It does what criminal defense lawyers have to do every day, take a hugely reviled class of alleged offenders, and demonstrate that there is another side to the story.