You don't "request" a plea bargain. It is "offered" to you by the prosecutor, usually to induce a plea to a lesser offense and saving a trial. (e.g.: - you are arrested and charged with 'Burglary.' You may be offered a chance to plead to 'Breaking & Entering' AND 'Unlawful Entry,' two crimes which are lesser offenses and carry a lighter sentence. The catch is - you MUST plead guilty to both of the lesser offenses and give up your right to go to trial. But, you will escape the harsher sentence of the original crime and the cost to you of defending yourself in a trial.
You have to offer the prosecutor something in return for requesting a lowered plea. If you don't have anything the prosecutor wants, you're out of luck, you don't have anything to bargain with, and he doesn't have to offer you anything.
You don't negotiate, your lawyer does. Your lawyer must consult you before an agreement can be made.
A plea bargain is not always fair on the victim. A plea bargain is often offered to avoid a trial.
You can file the motion and hold your breath - but - if the plea was the result of a plea bargain, essentially YOU agreed to the plea. How can you appeal your OWN self-bargained plea.
There are several instances when it\'s not appropriate to offer a plea bargain agreement. In any case where there is sufficient evidence, then a plea bargain agreement should not be offered.
What his a plea bargain one person already made a decision As he already serving has time tour event in the failed to keep their bargain
If your plea bargain is successful, the original (usually more severe) charge is Nolle Prossed by the prosecutor in exchange for a guilty plea to a lesser offense.
if you can plea bargain it.........
unfortunately not
If you are talking about a plea bargain - have your attorney do it ASAP after you are indicted. If you agree cop a plea to a lesser offense and save the state the hassle of a trial you possibly might be able to do it.
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 signed plea bargain agreement / is it permanent like a contract
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.