In the cases that follow, you will approach the prosecutor as the public defender assigned to these cases to negotiate the charge and/or sentence. In each of the fact patterns below, the wishes of the client have been set out. However, the client may agree to some other proposal. In none of the cases does the client want to go to trial.Remember that you, as the defense attorney, need to make a rational argument as to why the charges should be reduced or dismissed, or why sentencing recommendations should be made. The prosecutor will not just grant a request to dismiss charges or make a sentencing recommendation without a rational basis for doing so.
Scenario 1: Sam has been charged with robbery. He was arrested for robbing a clothing sales clerk after an informant notified the police that Sam had admitted to committing the robbery. Sam has no prior history of criminal activity. Defendant's wishes-the client wants the charge lowered to second degree robbery, and a prosecution recommendation for six months imprisonment.
Scenario 2: Jerri committed at least five burglaries in January and February. She is charged with two counts of burglary. The search of Jerri's apartment turned up items that had been taken during the two burglaries. There is a possible question as to whether or not the search was legal.Defendant's wishes-Jerri wants the counts reduced to burglary in the second degree, an agreement that the prosecutor will not bring charges on the other three burglaries, and a recommendation that the times of imprisonment for each charge be served together.
Scenario 3: A woman who was a passenger in Gary's taxi cab charged him with sexual assault. Gary totally denies the charge, but there is very strong evidence against him.Defendant's wishes-Gary is willing to plead guilty to indecent exposure, although he still claims he is innocent.Y
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