Approximately 90% of criminal cases end with a plea bargain. [4] X Research source If you do not accept a plea bargain and are found guilty at trial, you are likely to face a much harsher punishment than what you could have accepted under the plea deal. [5] X Research source
Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. [6] X Research source Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. [7] X Research source A motion’s outcome can affect plea bargaining. For example, a successful motion to exclude important evidence from the prosecution’s case can persuade a prosecutor to offer a favorable plea deal. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. The defense can try to prevent evidence from being used at trial by arguing why it should be excluded. Trial: Both sides take turns arguing that the you are guilty or innocent. At the end, unless the you waive your right to a trial by jury, the jury will deliberate and decide on a verdict. You can still engage in plea bargaining during pauses in the trial and during jury deliberations.
Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. There is only one witness, Walt, who said that Don tried to kill Vic during the fight. During discovery, Don’s attorney finds out that Walt has always hated Don. Don’s attorney tells the prosecutor that Walt probably embellished his testimony in order to get Don into more trouble. The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor.
For example, in California, you can only get a felony reduced if the offense was a “wobbler. " A “wobbler” is a crime that the prosecution can choose to charge as either a felony or a misdemeanor, such as burglary or assault with a deadly weapon. [9] X Research source In Indiana, the charge must have been a “Class D” felony and not been related to a violent or sexual crime. [10] X Research source
In California, you are not eligible if you served time in prison. You are still eligible if you were granted probation or only served time in county jail. [11] X Research source in Indiana, you must wait three years after finishing your sentence before you apply. You must also not be a sex or violent offender, have any other felony convictions, or have any pending criminal charges. [12] X Research source
The server must complete and sign a “Proof of Service” or “Affidavit of Service. " This form should be available from the clerk’s office. Once the server completes the form, take the form to the clerk’s office for filing.
Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. For example, explain to the judge that you are no longer abusing drugs or alcohol or involved with gangs, if those factored in to your conviction. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor.
