Somewhere between your arrest for a crime and any future trial, there's likely be a settlement conference—possibly several—about your case. Learn what this step in the judicial process is about and what to expect when it's happening.

What's a settlement conference?

When you're arrested, the decision to actually keep you on the charges isn't up to the police; the prosecutor who reviews the case makes that call. The prosecutor sends the case forward by taking it to an arraignment. After the arraignment, your attorney and the prosecutor will likely have their first settlement conference. These meetings are often short and informal, usually in front of the judge. Your attorney and the prosecutor will exchange information about the case and try to negotiate a resolution.

Is it a good idea for your attorney to negotiate that way?

Most of the time, you want to negotiate as much as possible with the prosecution, as quickly as possible. In 2012, it was estimated that 97% of federal criminal cases and 94% of those at the state level end in a plea deal, and settlement conferences are where the process of a plea deal starts.

If you're worried that your attorney is going to reveal any secrets that you've told him or her—don't. Your attorney is legally and ethically bound to keep your information private. What your attorney is doing is listening to the reasons that the prosecution feels that they have a strong enough case to win a conviction should the case go to trial. In return, your attorney may point out flaws in the case or offer information that might make the prosecution leery about proceeding.

He or she may also offer up factors that could encourage the prosecution to be lenient. Things like a very young or old age, physical illness, a mental condition, inebriation at the time of the crime, a family that depends on you for support, and a clean record could all be mitigating factors that your attorney tells the prosecution about at this time. 

Everyone has an interest in settling the case early.

The judge would like to see your case settled early because that's one less case on the docket taking up the court's time. The prosecution would like to settle your case because trials are time-consuming and expensive for the state. For example, the Florida trial of George Zimmerman in 2013, cost the state at least $902,000. Your attorney would like to see the case settled early, without a trial, because that's probably the best deal for you.

The earlier a case is settled, the less money the state has invested in it—which means there is less pressure on the prosecutor to show a "return" on that cost with the heavy sentence. In addition, there's an unfortunate (but well-known) reality: defendants who take their cases to trial and lose often suffer in terms of stiffer penalties during sentencing. This is sometimes what attorneys will refer to as the "trial tax."

Don't worry that you'll be left out of the negotiations—your attorney can't make or refuse a deal without you! Any offer of a plea deal has to be explained to you and you'll be given the choice to accept or deny it. At that point, you want to listen to your attorney's advice very carefully. An experienced attorney will usually be able to advise you if the deal is fair or the best you're likely to get—and he or she should be candid about your chances of winning if the case goes to trial.

For a criminal attorney, click this link http://www.darksidelawyers.com or do an online search. 

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