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WHAT EVERY DEFENDANT SHOULD KNOW ABOUT PLEA BARGAINS

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


J.S.

54+ Five-Star Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”


S.N.

54+ Five-Star Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”


D.G.

54+ Five-Star Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”


Joshua Black, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


Josephine Hallam, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”


Kristopher Califano, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”


Allen Hsu, Attorney

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WHAT EVERY DEFENDANT SHOULD KNOW ABOUT PLEA BARGAINS

1. A PLEA BARGAIN IS A NEGOTIATED SETTLEMENT BETWEEN THE DEFENDANT AND THE PROSECUTOR.

Plea bargaining is the process of negotiating to resolve criminal charges without a trial. The resultant “plea bargain” is, essentially, an out-of-court settlement of a criminal case. Any bargain is negotiated between the defendant and the prosecutor. Although the police can make recommendations, the prosecutor determines (a) whether the government will ofer you a plea bargain and (b) what the terms of that bargain will be.

2.TWO CATEGORIES OF PLEA BARGAINS EXIST: CHARGE BARGAINS AND SENTENCE BARGAINS

A charge bargain is one in which the prosecutor agrees to dismiss or forego certain charges in return for your plea to other, lesser charges. A sentence bargain is one in which the prosecutor agrees to recommend a particular sentence or sentencing range. The prosecutor’s recommendation is simply that – a recommendation. It is not binding on the judge, and you cannot withdraw your guilty plea if the judge deviates from the recommendation at the time of sentencing

3. A GUILTY PLEA CONSTITUTES A WAIVER OF CONSTITUTIONAL RIGHTS

When you agree to plead guilty, you also agree to give up (or “waive”) these constitutional rights: the right to a jury trial; the right to confront your accusers; and the right to remain silent and refuse to incriminate yourself

4. A GUILTY PLEA MUST BE MADE KNOWINGLY AND VOLUNTARILY.

You will enter your plea at a hearing, presided over by a judge. The judge will question you to ensure that your plea is entered knowingly and voluntarily. You will be asked about:
• Your mental competence;
• Your satisfaction with your legal representation;
• Your understanding of the legal rights you are surrendering by pleading guilty;
• Your understanding of the penalties for conviction;
• The plea agreement and any other threats or promises made; and
• The factual basis for your guilt.

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

Experienced Phoenix DUI Attorney

Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.

5. A GUILTY PLEA COUNTS AS A CRIMINAL CONVICTION.

A guilty plea entered as part of a plea bargain counts as a conviction, and you will be subject to all the collateral consequences that accompany a criminal conviction. Depending on your situation, this might include immigration-related consequences; employment-related consequences; and/or loss of professional licenses, voting privileges, driving privileges, and/or the right to possess frearms.

6. JURIES ARE UNPREDICTABLE.

No one can calculate precisely your chances of acquittal. However, certain factors may tip the scales and help you decide whether to take your case to a jury or to strike a bargain. Factors to consider include:
• What are the witnesses going to say? Are they credible? Will they appeal to the jury?
• What physical evidence does the prosecution have? Was it lawfully obtained? Can it be suppressed?
• What is the prosecutor’s reputation? What is the judge’s reputation?
• What is the maximum sentence you are facing?
• What does your gut tell you? The decision to plead guilty or go to trial is unique to each individual. Consider: your age; your appetite for risk; your physical, mental and emotional ability to endure a trial; your prior experience with prison, if any; your family situation.


The decision to plead guilty or go to trial belongs to you – not your lawyer, not the prosecutor, not the judge. The law places the final decision in your hands because you are the one who must live with it. Given the gravity of this decision, it is best made with the counsel of a trusted and experienced criminal defense lawyer. You can reach us 24/7. Please do not hesitate to call.

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

Experienced Phoenix DUI Attorney

Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.

KNOWLEDGEABLE PHOENIX DUI ATTORNEY

We help keep GOOD people out of jail — Future First Criminal Law is your top choice for competitive criminal defense and DUI law firms. Our practice is limited to a small number of criminal defense clients to best devote all of our time and attention to EVERY client’s needs. We understand that your future is at risk and our team will work diligently to develop an unwavering defense in court.

  • Clients Are Our #1 Focus
  • We only serve the “Phoenix Area” because we do not go outside of Maricopa county
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Have you been involved in DUI? Contact an attorney today to protect your rights and freedoms. They can help you gain an understanding of the criminal defense legal process and learn about the options available to you. Create a thorough defense strategy to give you your best chances — Schedule a free consultation.

 

 

Find The Right Phoenix, AZ DUI Attorney For Your Case

If you need a DUI attorney in Arizona, Look for an experienced criminal defense law firm that can dedicate all of their time and resources to helping clients with criminal charges. Find a knowledgeable DUI attorney who is willing to educate and advocate through every step of the legal process. Future First Criminal Law will get to know your case and develop a strategy that will work best for you. Request a free consultation today.

54+ Five-Star Google Reviews

Allen Hsu, Attorney

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. It has been a pleasure working with Mr. Divelbiss and he serves his clients very well!”

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8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018

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2999 N. 44th St. Suite 307, Phoenix, AZ 85018

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8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018

We do not handle cases outside of our listed service areas but we can refer them to our trusted colleagues who do handle those out of Maricopa County areas.

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54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


J.S.

54+ Five-Star Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”


S.N.

54+ Five-Star Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”


D.G.

54+ Five-Star Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”


Joshua Black, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


Josephine Hallam, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”


Kristopher Califano, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”


Allen Hsu, Attorney