It seldom occurs but yes, they could.
Several reasons could cause this to happen. For example: it was offered as a one-time only deal and the defendant failed to respond in a timely manner - the defendant didn't hold up, or fulfill, their end of the bargain - new evidence was uncovered that changed the scenario of the original offense - the judge declines to accept the plea bargain - etc).
In exchange for reducing the original charge to a lesser offense? Probably not. At that point it is too late, since all the wheels are already set in motion to try you for the original offense.
However, you could try to offer a guilty plea in exchange for a reduced sentence.
Yes, a plea that has been entered may be changed at any time during the trial even after the trial is over and the jury is in the middle of deliberations.
Sometimes. Courts will often accept a plea but hear evidence on the issue of sentencing.
a signed plea bargain agreement / is it permanent like a contract
A judge does not have to accept a plea bargain agreement. Normally, a judge accepts the agreement. The judge realizes that the defendant is taking a risk by taking the stand. Almost no judge would add anything to a sentence under that condition.
The DEFENDANT doesn't bargain for a plea. The prosecution offers YOU the opportunity, take it or leave it. And, yes, the seriousness of the offense CAN affect whether or not a plea is offered.
A plea bargain is a 'deal' made between the prosecutor and the defendant. Judges have nothing to do with plea bargains - as a matter of fact judges don't even have to abide by them.
This is always a 'chancy' decision. Even if the defendant and the prosecutor agree to the bargain they struck, the judge is not bound to agree with the bargained down plea. There have been instances in which judges have nullified the plea bargain and tried the defendant on the original charges.
Yes.
They tried to bargain a lower price at the flea market. The plea bargain helped to get a less harsh sentence for the defendant. i went to the shop and looked at this lovely vase it was only £20, i thought that was a bargain.
It happens rather frequently - however - for a "bargain" to be struck between the defendant and the prosecutor, the defendant usually must agree to give up something . . . or someone.
The defendant enters a plea.If prosecution does not offer a plea bargain based on first offense, insufficient evidence, testimony, etc. then discovery proceedings begin.During discovery proceedings there are many motions which will be presented to the court.If the court does not grant a motion to dismiss based on evidence then a trial date is set.Trial can be by judge or jury.
Its a criminal law term used to define the process in which the accused agrees to plead guilty to a lesser criminal offense in which they were originally being charged with....in essence you bargain for a lesser charge in exchange for pleading guilty to the lesser offense. A plea bargain, also known as plea agreement, plea deal or copping a plea, is when a defendant agrees to plead guilty in exchange for a reduced sentence.
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
"Plea Bargain" is a phrase that is applicable only to criminal proceedings. In civil court, when the plaintiff and the defendant have come to a mutual agreement before the verdict is rendered, they are said to have "settled."