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When a defendant pleads guilty to one offense just to have another offense dropped this is what type of plea bargain?
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Should the nature of the crime affect the defendant's opportunity to plea bargain?
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.
What advantages does the prosecutor of a case gain if the accused agrees to plead guilty?
The advantage is that there is no risk that a jury would find the defendant not guilty. Even if the defendant makes a plea bargain and pleads guilty to a lesser offense, at least the defendant will not get avoid any punishment.
What is the purpose of a plea bargain?
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.
Can you get a warrant of arrest for battery dropped?
No, even though the assault is an offense committed against an individual, "battery" is a crime against the state. You will either be arrested or must surrender yourself, at which time you could possibly plea bargain it down to a lesser offense.
Could a defendant reject a plea bargain after signing?
If you (or your attorney), signed a plea agreement it means you have 'pled' guilty to a lesser offense than the one you were originally arrested for. You could withdraw your guilty plea to the lesser offense, but that just means the prosecutor will simply withdraw the watered down charge and charge you with whatever your original offense was.
How can robbery charges be dropped?
Robbery is a crime against "the state" and not a crime against an individual. Once the police have arrested and charged you only the prosecutor's office may reduce or 'bargain down' the charge. You might have your attorney engage in a plea bargain to see if the charges will be reduced if you plead guilty to a lesser offense (i.e.: plea bargain).
What is the punishment for breaking an entry all chargers are being dropped and its his 1st offense?
The punishment for breaking and entering can vary depending on the specific circumstances and jurisdiction. If all charges are being dropped and it is the individual's first offense, they may not face any legal consequences beyond potentially being required to attend counseling or community service.
Will the defendant be able to plead guilty for a second offense?
Yes.
Can evidence be given against the defendant after court accepts plea bargain?
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).
What name is given to a guilty plea in which the defendant is attempting to receive a lesser punishment?
This is usually referred to as a plea bargain. You are offered the chance to either go to trial on the original (usually more severe) charge against you, or plead guilty to a lesser offense (with a lesser penalty) without having to go to trial.
Where a substantive offense itself is defined as including an attempt the defendant should not be found guilty of an attempt to commit that offense?
True
Can you be told to take a plea bargain or you will get the death penalty?
Not exactly. A prosecutor might offer a plea bargain in exchange for not seeking the death penalty on conviction. This is not unusual. If the prosecutor can persuade the defendant to plead guilty, he or she saves the state the cost of a murder trial (the only offense likely to result in the death penalty), which can run into the millions. If the prosecutor says, "take this plea bargain or you will get the death penalty," he or she is assuming they can convict you, which is never a sure thing.
