Set For Sentencing

Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

May 11, 2026·45 min
Episode Description from the Publisher

The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make.  But too many clients enter into bad pleas - ones that promise little and give up a lot.   A client shouldn't have to settle for a plea that lacks real bite. Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a good plea. IN THIS EPISODE: Knowing the hallmarks of a "good" plea agreement; Knowing the long-term implications of rights you will be required to waive; The crucial difference between plea "stipulations" and plea "recommendations" Making sure your plea does not tie your hands on facts, arguments or mitigation you can present at sentencing; Bargaining for conditional appeal provisions; Bargaining away mandatory minimums; Pleading to an offense that substantially reduces potential statutory maximum; Keeping the door open for compassionate release and new challenges based on future changes to the guidelines or law ; The Hunter case, pending in the Supreme Court, that may make appeal waivers unconstitutional; And, now for something completely different, a recommendation for a powerful documentary ("Predators").  Here is a link to the trailer for the documentary, "Predators".  This film takes a fresh look at the  "To Catch a Predator" series, and asks hard questions about Hansen's motivations and methods, and how he ruined lives ruined for ratings.  It does what criminal defense lawyers have to do every day, take a hugely reviled class of alleged offenders, and demonstrate that there is another side to the story.

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