Description

This chapter examines the processes by which counsel prepares for and conducts plea negotiations with the prosecutor and advises the client about a bargained plea. The chapter leads off with a discussion (in § 15.2) of the relative roles of counsel and client in deciding whether the client should plead guilty rather contesting a criminal charge. Part B (§§ 15.3-15.7) discusses the benefits and costs to a defendant of resolving a criminal charge by pleading guilty. It then reviews the factors that counsel should consider in developing an advantageous plea bargain to propose to the prosecutor or in assessing a plea offer from the prosecutor and advising the client whether to take an available deal. Part C (§§ 15.8-15.13) focuses on plea negotiations, explaining the steps that counsel should take to prepare for negotiation, techniques to use in negotiating, strategic considerations to keep in mind, and matters to consider in memorializing a plea agreement. Part D (§§ 15.14-15.17) addresses a variety of matters that counsel should consider when counseling a client about a plea offer and when preparing a client for the entry of a guilty plea in court.

First Page

415

Source Publication

Trial Manual 11 for the Defense of Criminal Cases

Source Editors/Authors

Anthony G. Amsterdam, Randy A. Hertz

Publication Date

2026

Document Type

Chapter

Edition

11

Rights & Restrictions

CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/

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