What Happens if Plea Agreement Negotiations Fall Through?

You may be concerned about speaking with the prosecutor about negotiating a plea agreement. One of your worries is that the fact that you are talking to them about the possibility of pleading guilty may make it look as if you are guilty. You can still go to trial if you do not reach a plea agreement. The prosecutor must still prove your guilt to a jury beyond a reasonable doubt. Your legal situation would not be complicated by the fact that you tried to negotiate a plea bargain.

There are certain things that are not allowed to be introduced into court as evidence to be used against you. In both criminal and civil cases, evidence of settlement negotiations is not admissible in court. Public policy wants litigants, including criminal defendants, to reach a potential resolution without the need for a trial. The law does not want you to fear trying to reach a plea deal because you are worried about the “what if” in case negotiations fall through.

Reaching a plea agreement is often not as easy as pleading guilty in exchange for a reduced sentence. Law enforcement may want to know certain information from you that could help them prosecute others. Since your testimony may be a part of the plea agreement, the prosecutor may want a better idea of what you know and the testimony that you may be able to give in court. 

Information in Your Proffer Cannot Be Used Against You

Prosecutors will often enter into an arrangement with you that is known as “queen for a day.” You would give a proffer that includes what your testimony could be and other information that prosecutors want to know.

You may be concerned about what would happen to the information that you gave in the proffer if your plea negotiations go nowhere. You have a legitimate right to be concerned. However, the prosecutor cannot directly use the information in your proffer against you. Nonetheless, the prosecutor can use the information in the proffer as the basis for additional investigation.

You are often playing a delicate game when you are trying to negotiate a plea agreement and give a proffer. On one hand, you do not want to give more information than is absolutely necessary. On the other hand, you need to show your value as a testifying witness to the prosecutor, such that they would want to give you a better plea deal.

Accordingly, it is crucial to be guided by an experienced lawyer when you are considering pleading guilty. Most criminal cases will result in a plea agreement. Still, you want to be in a strong negotiating position and not do anything that would harm your legal defense.

Contact an Eau Claire Criminal Defense Attorney Today

When you need an experienced criminal defense attorney, reach out to the Cohen Law Offices immediately. You can schedule an initial consultation by messaging us online or by calling us today at 715-382-9447.