As a criminal defense lawyer you need to display composure when things do not go your way. You need to be able to communicate logically with your client when they insist that they were not at the scene of the crime, even though the prosecutor has produced a picture of your client taken with a gun in their hand at the scene. Our clients need to know that we are on their side and ready to represent them to the fullest extent despite the allegations and evidence against them.
Recently, I had a difficult time explaining to one of my clients that after reaching an agreement with the prosecution, the judge rejected the agreement. In every case the there is a possibility that the judge may reject an agreed plea bargain. Within every plea bargain agreement there is language that allows the judge to reserve the right to reject the agreement. Luckily, the defendant is allowed to withdraw their plea if the judge decides to go this route.
Unfortunately, this was not any consolation to my client who, during a recent plea bargain, could not understand why the judge would not go along with the agreement. A plea bargain is not something that is reached easily or quickly. It is a long process and typically, it takes compromise between the prosecutor and the defense lawyer. The process goes something like this; the client comes to court several times and when they think the agreement is satisfactory to them they relinquish their right to trial in order to enter into the plea bargain.
It is extremely frustrating to all parties when a judge hears a short synopsis from the prosecutor about the facts surrounding the case and then decides that they will not accept the agreement that was reached. Now the client is frustrated and its back to square one. At this point, the client typically asks one of the following questions; why did you as my attorney spend all that time trying to reach an agreement with the prosecutor if the judge was going to reject it anyway? Why did I agree to pay back all the restitution that is owed? Why didn't you reach an agreement with the judge first? The answer is because the judge can and gives the final blessing to the plea bargain.
I understand that the judge's role is to determine what is in the best interest of society, but how can they determine that with only a couple of minutes of facts relayed by the prosecutor. At the very least, the judge should speak to both attorneys especially if they are leaning towards rejecting the plea bargain. It becomes an emotionally charged event because the client senses things are going badly. At this stage, their body language changes, they can not speak as clearly, and most of all they become nervous and confused about the proceedings. This in turn makes the judge less likely to accept the plea bargain because they tend to interpret this behavior negatively.
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