I work with all kinds of different prosecutors. When it comes to plea bargaining, the differences often become particularly apparent. A lot of prosecutors send out a letter with the first plea offer saying how any subsequent offers will be substantially harsher. They tell you the first offer goes away as soon as they have to do work, and they may view counter-offers as rejections. They have to think about your proposal, don’t they? Plea negotiations are a game where the plea isn’t intended to fairly resolve the case based on its unique facts and the unique history of the defendant, but to minimize workload and maximize the efficient use of state resources. Some prosecutors make offers that plainly indicate they fear trial and will do almost anything … Read entire article »