Plea offers explained by Chicago DUI lawyer and Illinois Criminal attorney

Plea offers explained by Chicago DUI lawyer and Illinois Criminal attorney

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The Prosecution makes you an offer. Do you have to accept that offer? And why are you hearing about it if it’s not
a great offer? Hi, my name is Steve Fagan from the Law firm
of Fagan, Fagan and Davis; a Criminal, DUI and Traffic Defense firm here in the Chicago
area. Very often, people want to know “why are you
telling me about this offer if you don’t think it’s a good offer?” There is an ethical obligation on your Attorney
to communicate an offer to you that’s being made in your case, whether they think it’s
a good offer or not. You need to know about it. Why? Because no matter what I think about the case,
it’s not my case. It’s your case. You’re the one who has to pay the price and
pay the consequence for a decision whether to accept or reject an offer made by the state. Things could get better or things could get
worse, and that’s not for me to judge, that’s for you to judge. I could give you my opinion, and i have to
give you my opinion. So, if your Attorney comes to you with what
you think is a terrible offer, why are you hearing about it? Very simple, there’s an ethical obligation
to tell you about it. The next question is, “is it a terrible offer?” Well, your Attorney also needs to tell you
whether it’s a good offer or a bad offer, and why. Why is that? Because it’s wrong for you just to accept
the opinion of your Attorney without knowing where that opinion is coming from. Unless your Attorney has spent a great deal
of time trying to get to know “what are the factors that are important to you, as we do?” Your attorney is not in a position to Judge
whether an offer made by the Prosecution, in your case, is good or bad at all. All of those decisions need to revolve around
“what are the important factors for you?” What if it’s a great offer? Well, you might want to take that offer. An Attorney might argue against it, even if
it’s a good offer, and they may have very good reasons. You should hear your Attorney out and hear
what those reasons are. There have certainly been times where i’ve
obtained an offer and my client thinks it’s a good offer, but I don’t, and I explain why,
and I explain what the problems are. Either we agree or we don’t agree. Sometimes, i may be able to explain to a Client
how their needs are addressed and how their needs are met by a particular offer from the
State, or how any Fallout can be dealt with going forward, and that might satisfy a Defendant
in helping make the decision whether to accept or reject the plea. Sometimes, after an offer, the right thing
to do is walk away. The offer might be fair, but that doesn’t
necessarily mean accepting that offer is always the right thing to do. Sometimes, going to trial is the right thing
to do. And that really is a decision that needs to
be made with the advice and council of your Attorney, but ultimately, by you. So, no. You don’t have to accept an offer by the Prosecution,
but your Attorney does have a duty to communicate any offers, whether they’re good or bad. Thank you for spending this time with me. Again, i’m Steve Fagan from the Law firm of
Fagan, Fagan & Davis, a Criminal, DUI and Traffic defense firm here in the Chicago area,
if you or a loved one is facing DUI, Criminal or Traffic charges in Cook, Lake or DuPage
county Courts, pick up the phone and give us a call at the number below or send us an
E-mail, we’ll be happy to discuss how we can help you.

One thought on “Plea offers explained by Chicago DUI lawyer and Illinois Criminal attorney

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