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Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

Released Monday, 11th May 2026
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Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

Monday, 11th May 2026
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The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make. 

But too many clients enter into bad pleas - ones that promise little and give up a lot.   A client shouldn't have to settle for a plea that lacks real bite.

Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a good plea.

IN THIS EPISODE:

  • Knowing the hallmarks of a "good" plea agreement;
  • Knowing the long-term implications of rights you will be required to waive;
  • The crucial difference between plea "stipulations" and plea "recommendations"
  • Making sure your plea does not tie your hands on facts, arguments or mitigation you can present at sentencing;
  • Bargaining for conditional appeal provisions;
  • Bargaining away mandatory minimums;
  • Pleading to an offense that substantially reduces potential statutory maximum;
  • Keeping the door open for compassionate release and new challenges based on future changes to the guidelines or law ;
  • The Hunter case, pending in the Supreme Court, that may make appeal waivers unconstitutional;
  • And, now for something completely different, a recommendation for a powerful documentary ("Predators"). 

Here is a link to the trailer for the documentary, "Predators".  This film takes a fresh look at the  "To Catch a Predator" series, and asks hard questions about Hansen's motivations and methods, and how he ruined lives ruined for ratings.  It does what criminal defense lawyers have to do every day, take a hugely reviled class of alleged offenders, and demonstrate that there is another side to the story.

 

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