The vast majority of criminal cases in Massachusetts are resolved through pleas. This is when a defendant foregoes trial and admits his guilt in exchange for a more-lenient punishment.
Whenever possible, it’s best to work out an agreed-upon plea with the prosecutor before going in front of the judge and admitting guilt to the alleged crimes.
Plea negotiations with the prosecution can, at times, be stressful and frustrating for defendants. Much of the frustration comes from the defendant’s failure to understand the prosecutor’s goals.
Prosecutors have at least three goals when negotiating plea agreements.
Goal #1: the prosecutor wants to keep his job
Like all government bureaucrats, prosecutors live in constant fear of missing up and losing their employment.
This doesn’t go away when the prosecutor is working out your plea deal. He’s not going to cut you any breaks that might get him in trouble with his supervisors.
Also both prosecutors and judges fear being overly lenient with a defendant, letting him “off the hook”, and then, a short time later, reading about some horrific crime that the same defendant commitment while released on his cushy plea deal.
So, when negotiating a plea with the prosecution, keep your expectations realistic.
Goal #2: the prosecutor wants to keep the alleged victim happy
Here in Massachusetts, the alleged victim in a criminal case has the right to be informed about all proceedings. This includes a plea hearing. Moreover, the alleged victim has the right to be heard at the hearing. See my post Victim and Witness Rights in Massachusetts.
Prosecutors take this seriously. If an alleged victim wants jail time or certain probation conditions imposed on the defendant, the prosecutor is usually obliged to push for those things if they are within reason.
If the alleged victim is silent or indifferent towards the case, that doesn’t necessarily mean that the prosecutor will be more easy-going when it comes time to negotiate a plea.
He still has a duty to protect the community. And if he views you as a threat to the community, he is not going to ease up.
Goal #3: the prosecutor (usually) wants to avoid trial
Prosecutors deal with hundreds of cases every year. So–whether they like it or not–prosecutors have to dispose of a large number of cases through plea deals.
Accordingly, most prosecutors will agree to plea terms that suit the circumstances of the case. The prosecutor’s aim, it seems, is to put forward a deal that would be acceptable to any reasonable person in the defendant’s situation.
If the defendant rejects the offer, it’s usually for one of two reasons: (1) the defendant is innocent or (2) the defendant is unreasonable. In either case, trial is then justified.