Discover Best Timing For Criminal Plea Negotiations Now

The best time to start criminal plea negotiations is as early as possible—often right after arrest or charges are filed—before evidence and positions harden. Early discussions can preserve leverage, open diversion or reduced-charge options, and reduce the risk of harsher outcomes as deadlines approach. This article explains key negotiation stages, strategic timing factors, and how counsel evaluates offers, evidence, and risks before entering a plea.

Ray Hrdlicka – Host – Attorneys.Media

“Needless to say, there’s a history there, among prosecutors. They know you’re going to be able to do it (go to trial). So in your particular situation, given your relationship with the prosecutors, when is plea bargaining most useful?“

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“I think it depends on a couple of things also, in addition to the relationship with the prosecutor. It depends upon the type of case that it is. If it’s a case that is going to be absolutely driven by the police, meaning that the police are the only witnesses in the case, then you’re really able to look at the police reports and get an understanding of what investigations need to be done.

If a case if reliant on civilian witnesses, there’s an initial amount of investigation that needs to start at the very beginning before me, as an attorney, can really assess where negotiation can or should go. So, for instance, if we interview civilian witnesses, and realize that these witnesses are really, really strong, then I’m going to take a certain tact in negotiations. But if we realize that they’re weak witnesses, that they’re not going to give the state the information the state thinks that they are, they actually could benefit us, then I’m going to take a different tact in negotiating a plea bargain. Or, I may, at that point, say we’re not negotiating at all. We can win this at trial, and that’s what we’re going to do.”

Ray Hrdlicka – Host – Attorneys.Media

“I see. So, it’s very case specific.”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“It is very case specific. It is. Drug possession charges are going to be different than assault charges or murder charges.”