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10 - What factors does the prosecutor consider when deciding what plea bargain to give me and how can I get a better offer?

When deciding what plea bargain to extend, if any, the prosecutor usually considers the following factors: the age of the victim, the number of victims, the nature of the alleged acts, whether or not there was penetration, the degree of force or violence used against the victim or victims, the surrounding circumstances in the case, whether or not the offense continued over a long period of time, the number of individual acts committed, the nature of the relationship between the offender and the victim, the strength of the state’s case against the offender, whether or not there is a confession, DNA or other corroborating evidence to support the state’s case, the victim’s views, and the case agent’s views, among other factors.

It’s important to keep in mind other factors contribute to the type of plea offer you may receive, such as, the assigned prosecutor in your case and his or her level of experience and the assigned (or privately retained) defense attorney is in your case and his or her level of experience.   A good Phoenix criminal defense attorney can negotiate on your behalf to ensure that the prosecutor extends the most favorable plea bargain available.  In order to ensure a favorable plea bargain, a good defense attorney will thoroughly investigate the case for holes, omissions, and other constitutional violation and attack the state’s case for weaknesses.  A good defense attorney will also present any mitigating evidence on your behalf and possible retain a psychosexual evaluation when applicable.     

FAQ - Sex Crime Charges in Arizona