Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.
Posted by Stone River’s Criminal Defense Team
Last Updated
Should I start counseling while my criminal case is still pending?
Many of our clients ask whether they should start counseling before their criminal case is resolved. In most cases, the answer is yes. Over 90% of criminal cases in Utah are settled through plea agreements. When your attorney negotiates on your behalf, they use the facts, the law, and any mitigating circumstances to achieve the best possible outcome. Starting counseling can provide your attorney with valuable mitigating evidence to present during negotiations.
Mitigating circumstances include factors that show your case may be less serious than initially alleged, that you are less responsible for the incident, or that you are taking steps to address any issues that contributed to the situation.
For example, if you’re charged with a DUI, a prosecutor might be more willing to agree to a plea deal that avoids jail time if you’re attending Alcoholics Anonymous meetings and receiving counseling. Importantly, your participation in counseling cannot be used against you at trial as proof of a problem, but it can help persuade a prosecutor or judge to offer a lighter sentence or a better plea deal.
Starting counseling while your case is still pending can positively impact the outcome. Be sure to consult with your attorney to ensure your case strategy aligns with your treatment or counseling plan.