The Critical Role of Pretrial Negotiations and Defendant Decision in Rhode Island
A Man Convinced Against His Will is of the Same Opinion Still
Contents
When someone is charged with a crime, there are three ways the case will end. They include
- (1) dismissal, most often by the prosecution, but occasionally by a judge;
- (2) trial; or
- (3) pretrial disposition, which typically calls upon the defendant to admit criminal responsibility (examples include guilty plea, nolo contendere plea, or Alford plea) to the charged offense(s) in exchange for a recommended punishment
Criminal sentences imposed as part of pretrial dispositions are often less than the sentences a defendant should expect to receive, if found guilty after trial. Pretrial dispositions result from the plea bargaining or pretrial negotiation process.
The Role of Pretrial Negotiations in the Justice System
Pretrial negotiations are both fundamental to and a cornerstone of the criminal justice system. Statistically, the majority of criminal cases resolve with pretrial dispositions, that stem from pretrial negotiations. This is where lawyers for the prosecution and defense highlight the strengths and weaknesses of their respective cases, and advocate for competing settlement terms of the pending legal matter.
Both parties realize the risks associated with proceeding to trial, as after trial, there can only be one winner. Recognizing these risks, the parties often work toward resolving cases without a trial. In the criminal case context, this most often calls upon the defendant to accept criminal responsibility for one or more charged offenses in exchange for an acceptable punishment. This is known as a pretrial offer.
Communicating and Considering Pretrial Offers
When a pretrial offer is made, defense attorneys have a duty and obligation to communicate the offer to the defendant. Defense attorneys who fail to communicate pretrial offers may be liable for legal malpractice. The United States Supreme Court addressed this issue in the seminal case of Missouri v. Frye, 566 U.S. 134 (2012). Offers should, but are not required, to be communicated in writing.
Once an offer is communicated, counsel and client should also discuss the pros and cons of the offer, along with a thorough discussion of the anticipated evidence to be presented at trial and potential defenses. Counsel should also discuss the potential punishment, including applicable mandatory minimum and maximum punishments that may apply if the defendant is convicted after trial. Once these important topics are fully discussed, the defendant is called upon to choose between the pretrial offer or trial.
The Defendant’s Autonomy in Decision-Making
The decision to accept or reject an offer, and proceed to trial, belongs to the defendant. Lawyers are obliged to aid their clients with making an informed decision, by educating clients on the law; the benefits and consequences of accepting a pretrial offer; and the risk and rewards of proceeding to trial.
However, no lawyer should ever substitute his judgment for that of the client, or coerce or force a defendant to resolve a criminal case with a guilty plea. The important choice between accepting a pretrial offer or proceeding to trial, belongs to and should always remain with the client. A man convinced against his will is of the same opinion still.