If you find yourself in trouble with the law on a felony charge in Orange County, you might be asking yourself whether your case will go to trial. The truth is that most felony cases in Orange County are usually settled by negotiations, other alternatives, or dispositions made before a trial starts. An experienced criminal defense attorney in Orange County will advise you on the best course of action.
What Is a Plea Bargain for a California Felony?
A plea bargain is an arrangement between you and the prosecutor wherein you plead guilty or no contest to the criminal charge, usually to a lesser offense, but in return receive a better sentence than you would receive after trial.
Plea bargaining occurs because there is always something in it for both sides. Prosecutors are very busy with their workloads and cannot afford to go to trial on all their cases. Defense attorneys do plea bargain because the appropriate plea bargain may protect their client from being incarcerated or having to suffer any strikes or reduced charges, or even participate in a program that would not be allowed post-trial.
The important point about a plea bargain is that it is never entered into simply because it is there.
How Plea Bargaining Works in Orange County Courts
After charges are filed and your first court appearance takes place, your defense attorney reviews the prosecution’s evidence through discovery. This review shows how strong the case is, where the weaknesses are, and what defenses may apply.
From there, negotiations may begin. Your attorney can push for the best available outcome based on:
- The facts of the case
- Your criminal history
- Weaknesses in the evidence
- The specific charges filed.
- The courtroom where the case is pending
- The prosecutor’s likely trial risks
Local experience matters in Orange County felony cases. Prosecutors and judges may have patterns in how they handle certain charges. An attorney who regularly appears in these courts knows how to use that knowledge during negotiations.
What Are the Different Types of Plea Deals?
Not all plea agreements work the same way. Knowing the type of offer being made can help you make a more informed decision.
- Charge bargaining
This is one of the most frequent types of plea bargain. You plead to a lesser charge, and your initial charge will be dropped. Thus, a felony charge for illegal possession of drugs can be reduced to a misdemeanor charge. - Sentence bargaining
The charge remains the same; however, the prosecutor agrees to suggest a lighter sentence. This is usually the case when the facts cannot support any reduction in your charge, but there is still an opportunity to negotiate regarding your sentence. - Count bargaining
Here you plead for some counts, and others are dismissed. This type of bargaining is used in cases where you face several counts.
Alternative to Trial in Orange County Felony Cases?
There are alternatives to trial other than the plea bargaining process in situations where plea bargaining is not ideal for you. In some instances, you may be able to utilize various alternatives, depending on the charges you have been facing and your personal information, to resolve your case in such a way that it will not appear as a traditional felony conviction on your criminal history.
Some of the possible alternatives include:
- Diversion programs for mental health
- Diversion for veterans
- Diversion for drug use
- Deferral programs upon completion of treatment, counseling, or restitution
California Penal Code 1001.36 permits qualified offenders to go through the treatment process instead of the prosecution process.
Veteran diversion under California Penal Code 1170.9 may apply to military veterans whose conduct was connected to a service-related condition, such as PTSD or traumatic brain injury. Successful completion can also lead to dismissal.
Drug diversion may be available in certain felony drug cases. Eligibility depends on the exact charge, the facts, and the person’s criminal history. We review diversion options before accepting that a client must choose only between a plea and a trial.
The Risk of Accepting a Plea Deal Too Early
One of the biggest mistakes in felony cases is accepting a plea deal before the evidence has been fully reviewed. Some people agree too soon because they are scared, pressured, or unaware of other options.
A plea should usually wait until your attorney has reviewed:
- Police reports
- Body camera footage
- Witness statements
- Search and seizure issues
- Lab results, if involved
- Possible suppression motions
- Any facts that may support diversion or reduction
We have seen cases where a prior attorney pushed a client toward a harsh deal before using key evidence. In one case, a client had been urged to accept a six-year deal with a strike. Tammy reviewed the case, found evidence that had not been used, and the prosecutor later offered time served with no strike.
The facts did not change. The strategy did.
When Going to Trial Is the Right Answer
Some cases should go to trial. If the evidence is weak, witnesses are unreliable, key evidence may be suppressed, or the plea offer is unfair, trial may be the right choice.
Trial may be worth considering when:
- The prosecution cannot prove every element of the charge.
- The police violated your rights.
- Witness statements do not match the evidence.
- The plea offer carries consequences that are too severe.
- A conviction would damage your future more than the trial risk justifies.
Tammy has taken more than 100 jury cases to verdict. She has won not-guilty verdicts in cases involving murder charges, gun charges, and assault with a deadly weapon. Prosecutors know she is willing to take a case to trial when the facts call for it.
Our Approach to Felony Cases in Orange County
Each of our felony cases is approached as though it might go to trial, despite the possibility of negotiation. This approach involves reviewing the discovery material, evaluating the motions, analyzing the prosecution’s evidence, and determining what is and isn’t provable.
In case there is a plea bargain offer, it is always clearly explained to you. You will understand what rights you will give up, what the possible consequences are, how the offer stands against the dangers of trial, and whether any other solution would work better for you.
We do not push clients into deals that are not right for them. The goal is not just to end the case. The goal is to protect your future as much as the law and facts allow.
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