Navigating Plea Bargaining and Negotiations in Criminal Cases

Episode 1017

He had a plea agreement with the government which he thought would get him 8-14 months. He ended up with 5 years. What happened? Also, was this Democrats' version of January 6th Casey joins this week to help to answer an OA patron's question about the plea agreement reached in the prosecution of former IRS contractor Charles Littlejohn for leaking records of Donald Trump, Rick Scott, Elon Musk, and a tragically high number of other innocent and blameless billionaires who are simply far too important to have to pay their taxes.

We then review the unique role of plea bargaining in U.S. law and exactly how these agreements are reached and play out in court. Did you know that approximately 98% of all federal criminal charges are resolved in a way which is portrayed in approximately 0% of law-related movies and TV show? 

1. "The Secret IRS Files: Trove of Never-Before-Seen Records Reveal How the Wealthiest Avoid Income Tax," Propublica (6/8/2021)

2. "How These Ultrawealthy Politicians Avoided Paying Taxes,"  Propublica (11/4/2021)

3. "Trump’s Taxes Show Chronic Losses and Years of Income Tax Avoidance," NYT (9/27/2020)

4. "Most criminal cases end in plea bargains, new study finds," NPR (2/22/2023)

5. Boykin v. Alabama :: 395 U.S. 238 (1969)

6. Padilla v. Kentucky :: 559 U.S. 356 (2010)

If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!