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Can a prosecutor begin plea bargain offers before any charges have been filed?

Seattle, WA |

My husband has been in jail since 8-1-12 after being arrested to outstanding warrants. Since his arrest police were trying to build a case against him for unrelated crimes. At this time he hasn't had any new charges added, however, his public defender is already discussing a possible "deal" with him that would not only include the previous charges that he had the warrants for, but also an unspecified number of new and different charges. As part of this global resolution, they are asking him to take officers to locations of all crimes "he committed" and any accomplices involved. His PD told him that if he agreed he would only have 16 charges, but if he didn't agree they would charge him with 60 plus charges individually based on his cell phone pings.

Attorney Answers 4

Posted

Yes

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Posted

It is an effective PD that gets out in front of a case like this. "Packaging" up cases like this can reduce the misery and the total penalty.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Posted

Absolutely. In fact, to the extent that a case is negotiated in advance of the actual filing, it lessens the amount of work that a prosecutor has to do and serves as an incentive for them to resolve the case.

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Posted

Yes. Sometimes this is exactly what you want to do in order to get the issue out in the open and see if it can be figured out early. Maybe changed from Superior Court and filed in District Court for example.

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