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Do the state by law have to ask you for a pleas bargain before your trial.

Sanford, FL |

If you was not offered a pleas before your trail. What do you do about it

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Attorney answers 4


There is no right to have a plea offer. While the fact is that the vast majority of cases are provided with plea offers, there's no requirement. Your attorney should, by the very least, set the case for a "plea conference." That puts some pressure on the prosecutor to make an offer because it is a hearing where the court inquires whether there is an offer. The judge might even make a plea offer. If your lawyer or PD isn't being proactive about your case then you should seriously consider hiring a different lawyer. Please call my office for a free consultation.

This is not to be considered legal advice nor does an attorney-client relationship exist.


As Mr. Trabin said, the state does not have to offer you a plea. In some cases, depending upon the state attorney's office and their policies, they may not offer a plea due to the nature of the charge a defendant is facing (e.g., sex crime, homicide). Some judges will get involved in plea negotiations and will actually make a plea offer to a defendant before accepting a plea, but this is very much the exception rather than the rule. Discuss this with your attorney and he or she may be able to explain to you why there is no offer from the state and what your next move should be.

An attorney-client relationship is NOT created by the answering of this question. If you would like to discuss your matter more fully with my office, please contact me to set up an initial consultation.


The State is under no obligation to offer you a "plea bargain." However, you should have your lawyer discuss a negotiated plea (plea bargain) with the State. In doing so, he/she should present any defenses you may have as well as the weakness of the State's case in hopes of a plea to a lesser charge.


Sometimes the SAO in Sanford will tell a Defendant that there are bo deals and if you want you can "plea to the bench." Most of the time you will get a plea offerfrom the SAO even though the first offer is crummy. Thats why you should have an experienced attorney representing you. There is an"art" to plea negotiation.

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