Federal Prosecutor Warns Defendants That the Light Ahead Is What Shines – NotiCel – The Truth As It Is – Puerto Rico News – NOTICEL

The Director of Federal Prosecutions issued a protocol for handling plea negotiations, which is the outcome of 93% of the charges in that forum.

In an effort to clear up an urban myth about plea offers from his office, the U.S. Attorney for the District of Puerto Rico issued a protocol warning defendants that the first offer they receive will be the best, and that, from then on, they will get worse and worse.

Attorney General W. Stephen Muldrow released the protocol on September 9, after discussing an earlier version of it with defense attorneys at the Federal Forum, as well as the Office of the Public Defender (ODP).

In response to a request from NotiCel to discuss the document, the Attorney General’s spokesman, Lemarie Lovett, indicated that they would not comment “aside from what the document itself actually explains,” while the head of the Attorney General’s Office, Rachel Brill, also declined an interview request.

“The initial offer the defendant receives to plead guilty will be the most favorable offer the defendant will receive in the case. That is, the defendant will not receive a better offer after the deadline set by the United States (for the first offer) has passed or as trial approaches,” the document notes. Clarifying “common misunderstandings about the process of accepting guilt.” “.

Among federal defendants in Puerto Rico there is a belief that prosecutors will make three offers and that the best will be the last. But the document states that any belief to that effect must be “dispelled,” and that “to be clear, the accused should not expect to receive, and will not receive, multiple and more favorable offers to plead guilty.” Likewise, the document dispels the belief that if a defendant pleads guilty immediately before trial he will receive better terms. In order for subsequent presentations to be more beneficial than the first, personal permission from Muldrow will be required.

The latest judicial statistics correspond to 2023, and show that the island has the highest number of serious criminal cases in the First Circuit of Appeals, which is made up of four other states. Of the five jurisdictions that make up the circuit, Puerto Rico had 57.2% of serious criminal cases in 2023.

Of those serious criminal cases, only 0.93% went to a jury trial (statistics do not indicate the outcome of the trial), 6.3% were dismissed, and 93% were resolved through a guilty plea.

Regardless of how the cases are resolved, the amount of time that the matter has been pending affects the federal system. In this line, the numbers are not in Puerto Rico’s favor. Across the United States, the average resolution of a criminal case is 11 months, but here it is 22.7 months. In cases that end with separation, the general time is 22.8 months, but here it is 45.9. In those that end in a jury trial, the general time is 26.2 months, and here it is 31.5 months. While in cases resolved by admission of guilt, the general case is 10.4 months and the local case is 22.1 months.

The protocol also includes ensuring that cases move faster, not only making it clear that the first offer will be the best, but also setting deadlines to compress the time it takes for negotiations. For example, the prosecution will not accept any arguments made by defendants to try to mitigate or mitigate negotiations if they make them after the first offer has been extended.

Additionally, defendants will have between 30 and 60 days to notify their decision once the offer is extended. If they do not meet the deadline, the prosecutor’s office withdraws the offer and any other offer that comes after that will have conditions that are more detrimental to the accused. This deadline is an internal matter for the prosecutor’s office and has nothing to do with the deadlines a judge can set to see if an agreement has already been reached between the parties. Solicitors will be required to obtain written confirmation that the offer has been sent to their clients. If the document is not submitted, the prosecution can ask the court to conduct a formal investigation.

Aside from this protocol, negotiations are usually informal processes where defendants attempt to downplay or contextualize their behavior, as well as highlight certain characteristics regarding their personal circumstances and criminal history to obtain favorable circumstances. One thing a person can do to improve their bargaining position is to also accept that prosecutors do not need to activate a grand jury to obtain an indictment, but rather are charged by direct complaint.

For its part, the prosecution has a wide toolkit to design the offer, including which offenses it would expel the accused from, or whether it would allow him to plead guilty to a different, less serious crime than the one presented, as well as the conditions it could benefit from. In calculating the penalty, imposing the fine, and financial restitution.

Contrary to other belief, negotiations are not always just because the defendant will cooperate with the government. Extending the offer is also not a right, so it is at the exclusive discretion of the Public Prosecutor’s Office, which in the same case can also choose who makes an offer and who does not.

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