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.'
According to the media and to the judge that accepted his "guilty" plea, there was no plea agreement in place.
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.
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
Any plea, including one made as a part of a plea agreement, can be withdrawn up until the moment the judge enters the disposition (guilty/not guilty) at trial.
no
In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
Parole eligibility is a matter of sentencing provided it is not specifically mentioned in the plea agreement. Keep in mind that the written plea agreement is only as binding as the courts allow. If the judge agrees to the plea as it is written, it is binding, so get the language you want into it before it goes to court.
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 the plea agreement consists of jail time, you would be remanded into state custody for the remainder of the trial.
you have to get to together and file a court paper
A plea agreement for attempted murder can consist of any type of agreement, reducing the charge to a plea of battery, assault or reducing the attempted murder down to a mis demeanor from a felony is possible not likely. A plea agreement can consist of anything that the prosecution and defense agree on but if it is not acceptable to the judge it can be rejected and another agreement settled on or the original charges would have to be reinstated. Penalties in all criminal cases depend on where you are.