8.2 Negotiation Process

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

8.2 NEGOTIATION PROCESS

8.201 In General. Once counsel has explained to the client all aspects of the trial process, discussed the options, reviewed documents with the client, and obtained all the necessary evaluations or certificates of participation in various classes, the next step is to approach the prosecutor with a settlement proposal. It is important to anticipate how each prosecutor or judge will react to a given set of circumstances. If the trial is in a jurisdiction where counsel does not normally practice, it is wise to contact members of the local bar. Local bar members may be helpful in providing valuable insight regarding the prosecutor and the court.

8.202 Immigration Issues. If the client is not a United States citizen, counsel should determine whether the conviction itself or the amount of

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active or suspended jail time imposed might adversely affect the client's immigration status. ¹¹

8.203 Reasons for Prosecutor to Deviate. In presenting possible settlement options, counsel wants to provide the prosecutor with a...