Long Histories and Minor Charges

Be prepared to justify a proposed negotiated resolution in misdemeanor cases when your client has a long history of minor charges. The judge may still need to be persuaded, even if the prosecutor is on board.
attorney meeting with client at desk

Justifying a Proposed Negotiated Resolution

A client may have only a minor charge pending — such as driving on a suspended or denied license — but may also have a significant history of similar charges and convictions. It is worth taking time before court to prepare to address the client’s history with either the prosecutor or the judge.

Judges are not legally required to accept a negotiated plea agreement. Be prepared to give the court good reasons to accept the proposed resolution for your client’s case.

Justice Court Judges – Knowledge of Your Client’s History

It is not uncommon that a justice court judge may have dealt previously with your client in a similar matter. Utah’s justice courts handle lower-level misdemeanor offenses, and a significant number of traffic-related cases. Their geographic jurisdiction is limited, and many defendants live locally within the court’s jurisdictional boundaries.

In district court, it is more likely that the judge will wait to receive information about a client’s history and prior record until an actual sentencing hearing is scheduled or a bail/bond or detention hearing is held. Justice court judges, on the other hand, often task court clerks with pulling driving records or court dockets on defendant’s even before any plea has been entered.

Sometimes, the judge may even recognize your client from previous cases your client has had in the same court.

Prosecutors – Doing Their Own Homework

A justice court prosecutor may not be immediately aware of your client’s complete criminal history, especially if the current case involves only a lower-level misdemeanor charge. As defense counsel, it is not your job to educate the prosecutor on facts that are not favorable to your client’s case. In fact, you may be ethically obligated to not disclose information that could adversely affect your client’s interests.

You cannot make false representations either to the court or to the prosecutor. But you also cannot reveal your client’s darkest secrets if such disclosure will hurt your client.

If you negotiate with the prosecutor and get a good deal for your client, you should still be prepared to advocate in court and convince the judge that the interests of justice are best served by the court accepting the proposed plea deal.

Reasons the Court Should Accept the Proposed Resolution

This is not an exhaustive list, and not all of these reasons will apply to every case. But here are a few reasons to consider offering to the court:

  • Judicial resources will be conserved by not requiring the prosecution team to present a full trial on the case;
  • Jurors’ time will be respected, as the court will not need to call a full jury venire for selection at trial;
  • There is good reason to believe that your client has finally “learned his/her lesson” — in a caser involving driving without a license, this could include evidence that your client is now getting rides from family members or that your client has a stack of Uber receipts showing his/her recent travel history;
  • Positive activities that your client is involved in, such as going back to school, maintaining full-time employment, participation in counseling, or engaging in community service activities;
  • Evidence that any other pending cases have been resolved or are in the process of being resolved;
  • Evidence that any fines or obligations in other cases have been satisfied.

If the prosecutor is willing to point out to the court that the city or county will benefit by not having to present a full trial to a jury on the case, that is often preferable to having the same argument presented by defense counsel. When the defense presents an argument about saving judicial resources and not wasting the time of prosecutors, police, witnesses, and jurors, there is a risk that it may come across more like a threat than as an altruistic statement of concern for others.

Conclusion: Always be prepared to advocate for your client — whether it be with the prosecutor or the judge. Your client’s interests are your first priority.

Originally Published: September 25, 2024

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