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How can defense attorneys use negotiations to reduce charges they believe are unfair?
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Plea bargaining
A scene of the trials in Salem Village, Massachusetts Bay Colony, hand-colored engraving.
When defense attorneys believe that prosecutors have issued charges that are arguably unmerited or unfair, they can utilize negotiation as a strategic tool to achieve charge reductions.1
To incentivize cooperation from the prosecution, defense attorneys may employ several tactics:
- Leveraging Procedural Burdens: Attorneys may threaten to file a large number of pretrial motions, which can increase the time and resources the prosecution must dedicate to a case.1
- Zealous Advocacy: They may signal their intent to present an exceptionally zealous defense at trial, potentially complicating the prosecution's case and increasing the risk of an acquittal.1
By demonstrating that a trial would be time-consuming, labor-intensive, and costly for the state, defense attorneys can persuade prosecutors to settle for a mutually acceptable outcome, such as a plea to a lesser offense or the dismissal of certain charges. This process allows both parties to avoid the uncertainty and risks associated with a full trial.21