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There is no "presiding officer" at a plea negotiation - only the prosecutor and the defense attorney. As a matter of little known fact, although most judges DO go along with a negotiated plea deal, the judge in the case is not required to abide by the plea bargain agreement and can reverse or change the parameters of the plea deal.
Wiki User
∙ 14y ago
Wiki User
∙ 11y agoThe prosecutor, operating within guidelines of the law, and of the district attorney, will attempt to achieve a conviction without having to go to trial. Sometimes this may include offering probation to the defendant.
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What is a negotiation between the defense attorney and the prosecutor?
plea bargain
Why would a judge a prosecutor and a defendant sanction a plea bargain?
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.
How can you get your sentence lowered to a misdemeanor?
You (or your attorney-which I would highly recommend) offer to enter into a plea bargain with the prosecutor. It usually works that if you offer the prosecutor a guilty plea to a lesser offense, and without going to trial, -or- offer the prosecutor and law enforcemnent information that they may be interested in knowing - you MAY get the offer of a plea to a lesser offense. WARNING: Plea Bargains are not set in stone, it is a deal between only you and the prosecutor. I have seen plea bargains fall apart when the judge, seeing the seriousness of your originally charged offense, sees the lesser plea, and refuses to honor it.
Can a judge prevent you from taking the plea?
A judge cannot stop you from making a plea deal with the prosecutor, but he does NOT have to accept your plea to a lesser offense. EXPLANATION: The prosecutor (with who you make the plea bargain) is a member of the EXECUTIVE BRANCH of government. The judge is a member of the JUCICIAL BRANCH of government. When the prosecutor makes the deal with you he cannot speak for the other branch of the government. If the judge feels that the plea deal is too lenient, or that your crime was too heinous to be reduced, he does not have to accept your plea to a more lenient deal.
Can a plea agreement be changed?
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
What is the precise term for legal negotiation in which the prosecution reduces a defendant's charge in exchange for a guilty plea?
A 'plea bargain' - more commonly known as "copping a plea."
What is the most likely outcome of a pretrial plea of guilty in an embezzlement case?
If the plea is accepted, the defendant will normally be sentenced by the presiding judge.
How can a Felony be reduced to a misdemeanor Nevada?
Offer to cop a plea (plea bargain) with the prosecutor. If you have any leverage with the prosecutor (i.e.: give up some information) you may be able to work something out.
Is a prosecutor legally permitted to engage plea negotiations absent prima facie evidence?
What do you mean by prima facie evidence? A prosecutor is free to enter into a plea agreement at any point during a criminal case. He or she is also ethically required not to charge a case against an individual unless they feel that they can prove that case beyond a reasonable doubt to begin with. That's not to say that there isn't such a thing as a unethical prosecutor that would charge a case on very little evidence. However that is a rarity. A prosecutor ethically is also required not to prosecute a case unless they believe that person to be guilty it is not simply to secure convictions. There is no such thing as an amount of evidence that is required for a plea negotiation. However, if a prosecutor is being ethical about it there will almost always be some evidence to suggest the accussed's guilt.
Is it illegal for a prosecutor to threaten you with another charge if you don't plea?
Yes
Can a prosecutor take back a plea that has already been accepted?
In south Africa when the accused pleads guilty the prosecutor can accept or reject the plea of guilty.It can happen that he has in his docket facts which put the offence in a much more serious light than the accuse admitted in his answers. This may cast doubt upon his guilt. At this stage the prosecutor may alter a plea of guilty to that of not guilt.This alteration can place after conviction,but not after sentence.Therefore the prosecutor may take back a plea if he had already accepted ,but not after sentence.
Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?
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.
