How to Decide If the Prosecutor's First Deal Benefits Your Case?
Should you take the prosecutor's first plea offer? Almost never, says Pierce County, Washington attorney Spencer Freeman. Initial offers arrive early—sometimes 'plead guilty as charged,' which he's accepted just once in twenty-three years. Prosecutors don't lead with their best; the opening bid is a negotiating tool that improves as the defense presents mitigation and challenges the evidence.
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Answered by Spencer Freeman · Pierce County, WA
Highlights
Frequently Asked Questions
Should you take the prosecutor's first offer?
Almost never—initial offers arrive early, sometimes 'plead guilty as charged,' which he's accepted just once in twenty-three years.
Why isn't 'plead as charged' a real deal?
Because it isn't really a negotiation—prosecutors don't lead with their best, and the opening bid improves as the defense presents mitigation and challenges the evidence.
Why does trial risk shape the math?
Because even a small chance of losing at trial factors into whether an offer is worth accepting, weighing the sure outcome against the risk.
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