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California drug charges carry serious consequences - the defendant faces fines, jail time, and other punishment. However, these repercussions can sometimes be reduced or eliminated with a skillfully negotiated plea bargain. The skilled defense lawyers from the Kavinoky Law Firm have the experience needed to broker a favorable plea bargain that includes alternative sentencing that may keep the defendant out of jail.
A plea bargain is an agreement between the defendant and his or her attorney and the prosecutor that involves admitting guilt in exchange for a reduction in charges or sentencing. Plea bargains can be invaluable tools in any type of California drug case, from simple possession or under the influence charges to sales, trafficking or manufacturing.
A plea bargain in a California drug case should be just what the name suggests - a good deal for the defendant. A skilled California DUI / DWI criminal defense attorney will negotiate the best possible plea bargain with an effort to incorporate alternative sentencing that minimizes or eliminates jail time.
There are myriad sentencing alternatives in California controlled substance cases that can help the offender reduce or even eliminate jail time. Electronic monitoring, residential treatment a deferred entry of judgment, Proposition 36 diversion, drug court or informal diversion may be options. Many alternative sentences can be credited against a jail sentence on a day-for-day basis.
A respected Substance Abuse Expert can be an invaluable addition to the criminal defense team in many California drug case plea bargain negotiations. Not every drug offender has a substance abuse problem, but many do. The expert's evaluation can determine whether the offender could benefit from treatment and is a good candidate for alternative sentencing.
There are several types of plea bargains that can be brokered in California drug cases. The first involves a negotiation to reduce a felony charge to a misdemeanor, which is always a favorable outcome for the defendant. Pleading guilty to a misdemeanor rather than being convicted of a felony carries significantly less consequences and has lifelong benefits.
Another type of plea bargain involves admitting guilt to a lesser charge in exchange for consideration in sentencing. Under this type of plea agreement, the offender may plead guilty to some of the original charges while others are dismissed. It may involve alternative sentencing such as drug rehabilitation instead of jail or prison.
Another option is to plead guilty to the original drug charge with negotiated consequences. This is another option where sentencing alternatives are likely to come into play - the prosecutor may agree to substitute residential treatment, electronic monitoring or another alternative sentence for jail time in exchange for a guilty plea.
Of course, a plea bargain isn't appropriate in every drug case - there are times when it's worth it to fight the charges in court. However, plea bargains are a good option when the prosecutor has a particularly strong case and the chances of prevailing at trial are slim.
Plea bargains are extremely complex negotiations involving a skilled criminal defense lawyer and a respected Substance Abuse Expert. A California attorney who focuses on defending drug cases may be able to negotiate a deal that allows the defendant to plead guilty to a lesser charge and/or obtain reduced punishment for an individual facing controlled substance charges. |
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