There is no statutory time limit on a plea bargain offer - however the decision is best made quickly. In my experience, I'd say usually 24 hours, or less. The prosecutor may withdraw the offer at ANY time. For one thing it is done within the timeframe of the "speedy trial" statutes and cannot be seen as hindering the timely flow of the case.
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.
According to the media and to the judge that accepted his "guilty" plea, there was no plea agreement in place.
In most cases, the judge will honor the terms of the plea agreement as long as it is lawful and fair. However, the judge does have discretion to accept or reject the agreement or impose a different sentence if it is not in the best interest of justice.
To have pending charges dropped after signing a plea agreement, you typically need to withdraw your plea or have your attorney file a motion to withdraw the plea. You would need to provide a valid reason for withdrawing your plea, such as new evidence or a procedural error. It's important to consult with your attorney to understand the specific steps and requirements in your jurisdiction.
If you are charged with a crime - SOMETIMES - in order to save you from a conviction for a serious offense, AND to save the government the cost of a trial - OR - in exchange for needed information that you can supply to law enforcement, you MAY be offered the opportunity to plead guilty to a lesser offense. If you agree, that is known as a 'plea agreement.'
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
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.
If you are offered a plea agreement you had probably best accept it. Prosecutor's careers are determined by the number of cases they successfully close without 'giving away the farm.' If they are too lenient they don't get promoted. Bottom Line: the first offer you get will probably be the lowest and the last offer you'll likely get.
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
Plea bargain.
A good lawyer (still in practice!) once told me to get away with what I could, and he would lie about it for me later.
Any plea, including one made as a part of a plea agreement, can be withdrawn up until the moment the judge enters the disposition (guilty/not guilty) at trial.