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  • C.

    In developing a negotiation strategy, counsel should be completely familiar with:

    • 1.

      Concessions that the client might offer the prosecution as part of a negotiated settlement, including, but not limited to:

  • a.

    Not to proceed to trial on the merits of the charges;

  • b.

    To decline from asserting or litigating any particular pretrial motions;

  • c.

    An agreement to fulfill specified restitution conditions or to participate in

community work or service programs, or in rehabilitation or other programs;

  • d.

    Providing the prosecution with assistance in prosecuting or investigating the present case or other alleged criminal activity;

  • e.

    Admitting identity and waiving challenges to proof or validity of a prior conviction record;

    • f.

      Foregoing appellate remedies; and

    • g.

      Asset forfeiture.

  • 2.

    Benefits the client might obtain from a negotiated settlement, including, but not limited to

an agreement:

  • a.

    That the prosecution will not oppose the client's release on bail pending sentencing or appeal;

  • b.

    That the client may enter a conditional plea to preserve the right to litigate and contest certain issues affecting the validity of a conviction;

  • c.

    To dismiss or reduce one or more of the charged offenses either immediately, or upon completion of a deferred prosecution agreement;

  • d.

    That the client will not be subject to further investigation or prosecution for uncharged alleged criminal conduct;

  • e.

    That the client will receive, with the agreement of the court, a specified sentence or sanction or a sentence or sanction within a specified range;

  • f.

    That the prosecution will take, or refrain from taking, at the time of sentencing or in communications with the preparer of the official presentence report, a specified position with respect to the sanction to be imposed on the client by the court;

g. That the prosecution will not present, at the time of sentencing or in communications with the preparer of the official presentence report, certain information; and

18

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