The majority of criminal cases are resolved with a plea bargain between the defendant, the state attorney and the judge. This means there is no trial and the defendant is sentenced to a prearranged and agreed upon sentence. A defense attorney negotiating a plea bargain with a state attorney must negotiate from a position of strength. This means that the prosecutor must understand that the defense attorney is ready, willing and able to go to trial if a fair sentence is not offered. Make sure your attorney is a respected trial lawyer and not someone who pleas out every client.