The Prosecutor Will Offer A Deal At The Beginning Of Your Criminal Case. Should You Take It?

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“I will say, generally speaking, when I am handling a criminal case, at my first meeting with the prosecutor, I will be given an offer to settle.”

Ray Hrdlicka – Host – Attorneys.Media

“Wait a minute. Did I just hear you say that the very first meeting with the prosecutor?

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“That’s my experience. I can’t say that’s true across the board.”

Ray Hrdlicka – Host – Attorneys.Media

“Wow. I apologize for interrupting. But I did not think that it would occur so early-on in the case. I thought that would only occur later on…”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“No. Generally here, at least here where I do most of my practice, and even in the other counties that I’m involved in throughout Washington, my experience is that the prosecutors will present you an offer, an initial offer, at the onset of the case. But I also tell that those offers are almost never something that you’re going to consider.”

Ray Hrdlicka – Host – Attorneys.Media

“Throwing mud up against the wall…he doesn’t expect you to take it?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Well, sometimes they do. When a lot of the time’s, the offer is ‘plead guilty as charged’. My response to that is I’m never going to consider that. Again, ‘never’, maybe I shouldn’t use that word. In 23 years, I’ve plead somebody ‘guilty as charged’ once. But if I go to a jury trial, even if I only have a five percent chance of losing at the jury trial, but my client is going to be found guilty after the jury trial, and the prosecutor wants my client to plead guilty to those exact crimes now, why wouldn’t I go to a jury trial to see whether we can get a ‘not guilty’? So, ‘guilty as charged’ doesn’t work for me, it’s not a negotiating tool.”

Ray Hrdlicka – Host – Attorneys.Media

“I’m confused, because if that’s what the prosecutor…consists with his first offer, it’s the same as if pleading guilty at the arraignment.”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Correct.”

Ray Hrdlicka – Host – Attorneys.Media

“So why is it even made? Are they testing the water to see what kind of case you have?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“They might be testing…maybe. Again, I think that’s going to be case specific. They may be testing the water to see what sort of criminal defense attorney is on the other side. They may also have this as their ultimate goal. Most prosecutors, as you bring them mitigation evidence or you bring them liability evidence, are willing to have a conversation and move from that standpoint. Prosecutors, for them, it is a negotiating tool. They’re not going to come out with the best offer they’re going to give you from the get-go.”

Born and raised in Colorado, Mr. Freeman stayed in the Pacific Northwest after graduating cum laude from Seattle University School of Law in 1995, at which time he was awarded the National Order of Barristers by the National Board of Governors. After gaining extensive trial experience as a prosecutor for the City of Tacoma, Mr. Freeman worked locally for several small law firms focused on personal injury and criminal defense. In 2000, he began to work at a downtown Seattle law firm, where he worked with some of the best lawyers in the nation. During the better part of the next six years, Mr. Freeman was blessed to do work for one of the largest national television providers litigating matters involving the theft of encrypted satellite signals. During this time, he worked closely with corporate counsel and assisted in developing and managing a national litigation campaign. He appeared in federal courts throughout the nation, gaining extensive experience in both federal court litigation and the pursuit of intellectual property thieves attempting to hide on the Internet.

In late 2005, Mr. Freeman decided to open a practice in Tacoma, where his family was growing. Mr. Freeman’s connections locally and nationally nourished his practice over time. He has served the local community as well as handling cases in federal courts across the country. Locally, Mr. Freeman has assisted local businesses in such matters as contentious shareholder disputes and individuals in matters ranging from catastrophic injuries to class A felonies as well as lawsuits against insurance companies for bad faith claims practices. He tried a Whatcom County Superior Court case for a bail bond company that resulted in the first appellate law in Washington truly outlining the rights of fugitive recovery agents. He has tried cases in many counties throughout the State of Washington, argued before the Court of Appeals Division I and Division II and the Washington State Supreme Court.

Mr. Freeman’s practice has taken him beyond Washington State, where he has handled cases for national Internet multi-media companies enforcing copyrights in states such as Florida, Nevada, Arizona, and California. In those cases, he has successfully argued for jurisdiction in the United States against individuals that reside in other countries. Mr. Freeman also represented a publisher against sheriffs regarding First Amendment Rights to distribute a magazine in county jails, resulting in arguments before the Ninth Circuit Court of Appeals and the first case law of its kind. He has argued before the Ninth Circuit Court of Appeals five times and submitted a briefing to the United States Supreme Court.

On more than several occasions, Mr. Freeman has been retained by parties on the near eve of a trial solely for purpose of being lead trial counsel. One such successful case was against the U.S. Department of Justice in their first trial attempting to enforce the CAN-SPAM Act for the actions of independent contractors.

Mr. Freeman’s passion and strength lay in front of a jury. He finds a beautiful balance between fact witnesses, statutes, case law, rules of evidence, and the different contexts of each jury. Most cases find a resolution before trial, but the best resolution occurs when counsel is prepared to try the case. And, when a case cannot find resolution, Mr. Freeman loves to go to work.