Legal Question in Criminal Law in California

Re: plea bargains

One of the main reasons why prosecutors offer plea bargains is that there are far too many cases for the limited number of district attorneys (and courts) to handle. If every case went to trial most cities would probably need to more than double the size of the D.A.'s office and increase the number of criminal courtrooms by the same amount.

Whether a defendant has retained counsel or is represented by the public defender is probably a minor factor for most prosecutors when they consider plea bargains. The P.D.'s office, like the D.A.'s, doesn't have enough resources to go around and a prosecutor who is trying to free up her time might believe a private defense cousel will make more motions and thus require more of her time. But the general need to close cases is a much more important factor for the prosecutor, as are the prosecutor's assessment of the particular defendant and the particular crime.