Q: Where do I find information on plea agreement process , pro and cons, and understanding? for circuit court Macomb county

A: It's a negotiation, like any other wheelin' and dealin', except when it comes to the criminal process there are two parts: the charge(s) and the sentencing. You must take an honest, objective look at the facts at hand: what can the prosecutor prove. This is where lawyers come in because if you've experienced something, it's very hard to look at the situation from an outside, objective position. You just "know" what was said or what you meant to do, which makes it hard sometimes to understand a jury may see, hear, and consider things differently. For instance, you could be charged with aggravated assault, and your position may be "I just slapped them, I didn't intend for them to fall backwards and break their arm, so I should just be charged with simple assault". Unfortunately, that's not how the law works. The prosecution is usually going to charge the most serious charge they believe can be proven to a jury; you negotiate from there.

The second part to consider is the sentencing. You have to consider what is your alternative to a negotiated plea; in most cases, it's going to trial and taking your chances with the jury and judge at sentencing. You have to consider the sentencing guidelines - what could you be facing. Like with charges, your negotiation starts there.

Some very broad guidance applies, even though every case is different. 1) your criminal history matters. If you've been convicted before, you cannot expect to be treated the same as a first-timer. This is why you can see two people charged with the exact same crime, and one person gets probation while the other person gets prison. 2) if the crime you are convicted of carries prison or jail, you're negotiating about time. Too many people dig in their heels about the specific charges without regard to time. The inside of a prison cell looks the same regardless of the charge.