9 Facts To Know About Taking A Plea Bargain
145+ Five-Star Google Reviews
"Been working with Future First Criminal Legal Team since 2020. They helped provide legal experience for an unjustified case I was not taking the plea. Fast forward to 2023, case was pulled to Superior Court and dismissed the day before the actual court date. Big thanks to the whole FFC Legal Team truly helped provide the outcome wanted."
Jay E. 2023 145+ Five-Star Google Reviews
"Future First Criminal Law is a great firm. Very professional and reactive. Ed was great and got me the best option that wasn’t originally even an option. They were recommended to me and come highly recommended from me. Thanks Future First team!"
Kaycie L. 2023 100+ 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 100+ Five-Star Google Reviews
"Future first is 100% worth the cost. Honesty up front and through the end. The videos they make answered almost all my questions and I never had to go to their office. The group txt they have answered the rest and made it really easy to send documents via picture. They got me a better deal than I thought possible. Would highly recommend."
Charlie B. 2022 100+ Five-Star Google Reviews
“I am a commercial truck driver that was excused of a serious traffic violation during an accident. Future first took the reigns and guided me through start to finish. They not only got my charges dismissed saved my job and my commercial drivers license.”
J.M. 2021
100+ 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 100+ Five-Star Google Reviews
"The team is wonderful I would recommend these guys a million times to anyone who needs them. They are professional and they keep you updated every step of the way. Thank you guys soooo much. Ed you the best you have a wonderful team. I literally thought my life was over but trust these guys delivered."
Kay L. - June 2023 100+ 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 100+ Five-Star Google Reviews
"The entire law firm was extremely helpful and made my life as easy as possible. Would not have gotten the results I did without them. Definitely recommend."
Aaron K. - June 2023 100+ 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 100+ Five-Star Google Reviews
"If I could rate Future First Crimal Law higher I would. After making the dumb mistake of getting a DUI they have been there for me every step of the way. There is nothing worse than going at this alone. You want someone in your corner during this stressful time and no one is better than Zach and his team there. Without them the consequences would’ve been much worse so very thankful to the team."
Adam - July 2023 100+ 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, AttorneyPhoenix Office
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2999 N. 44th St. Suite 307 Phoenix, AZ 85018
8650 N. 35th Ave. Suite 110 Phoenix, AZ 85051
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Most criminal cases end with a plea bargain, rather than a trial. If you are facing criminal charges, or if a loved one is charged with a crime, it is important to understand the fundamentals of the plea bargaining process, so that you can discuss your options intelligently with your criminal defense lawyer.
1. A plea bargain is a negotiated settlement.
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.
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, the defendant, cannot withdraw your guilty plea if the judge deviates from the recommendation at the time of sentencing. Thus, the value of a sentence bargain depends largely on the judge’s practice in deferring to prosecutors’ recommendations.
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, as the defendant, 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, as the defendant, will be asked:
•Questions concerning your mental competence.
•Questions concerning your satisfaction with your legal representation.
•Questions to ensure that you understand the legal rights you are surrendering by pleading guilty, including trial and appellate rights.
•Questions to ascertain your understanding of the penalties for conviction.
•Questions about the plea agreement and any other threats or promises made.
•Questions to assure the judge that there is some factual basis for your guilt.
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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.
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;
•Loss of professional licenses;
•Loss of voting privileges;
•Loss of driving privileges; and
•Loss of the right to possess firearms.
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 chances at trial or 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 maximum sentence you are facing if you are found guilty at trial?
7. Your decision may hinge on personal factors.
The decision to plead guilty or proceed to trial is unique to each individual.
In weighing your options, consider:
•Your age;
•Your appetite for risk;
•Your ability to endure a stressful trial;
•Your prior experience with prison, if any;
•Your family situation.
8. It is your decision.
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.
9. Once your decision is made, it is difficult to undo.
After sentencing, you can withdraw your guilty plea only if you can demonstrate that it was made unknowingly and involuntarily.
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| 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!”
Areas Served
 | 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
Areas Served
| 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
145+ Five-Star Google Reviews
"Been working with Future First Criminal Legal Team since 2020. They helped provide legal experience for an unjustified case I was not taking the plea. Fast forward to 2023, case was pulled to Superior Court and dismissed the day before the actual court date. Big thanks to the whole FFC Legal Team truly helped provide the outcome wanted."
Jay E. 2023 145+ Five-Star Google Reviews
"Future First Criminal Law is a great firm. Very professional and reactive. Ed was great and got me the best option that wasn’t originally even an option. They were recommended to me and come highly recommended from me. Thanks Future First team!"
Kaycie L. 2023 100+ 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 100+ Five-Star Google Reviews
"Future first is 100% worth the cost. Honesty up front and through the end. The videos they make answered almost all my questions and I never had to go to their office. The group txt they have answered the rest and made it really easy to send documents via picture. They got me a better deal than I thought possible. Would highly recommend."
Charlie B. 2022 100+ Five-Star Google Reviews
“I am a commercial truck driver that was excused of a serious traffic violation during an accident. Future first took the reigns and guided me through start to finish. They not only got my charges dismissed saved my job and my commercial drivers license.”
J.M. 2021
100+ 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 100+ Five-Star Google Reviews
"The team is wonderful I would recommend these guys a million times to anyone who needs them. They are professional and they keep you updated every step of the way. Thank you guys soooo much. Ed you the best you have a wonderful team. I literally thought my life was over but trust these guys delivered."
Kay L. - June 2023 100+ 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 100+ Five-Star Google Reviews
"The entire law firm was extremely helpful and made my life as easy as possible. Would not have gotten the results I did without them. Definitely recommend."
Aaron K. - June 2023 100+ 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 100+ Five-Star Google Reviews
"If I could rate Future First Crimal Law higher I would. After making the dumb mistake of getting a DUI they have been there for me every step of the way. There is nothing worse than going at this alone. You want someone in your corner during this stressful time and no one is better than Zach and his team there. Without them the consequences would’ve been much worse so very thankful to the team."
Adam - July 2023 100+ 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