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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.
What else can I help you with?
When its not appropriate to offer a plea bargain agreement?
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.
Bernie Madoff Plea Agreement?
According to the media and to the judge that accepted his "guilty" plea, there was no plea agreement in place.
When a plea agreement is made between the prosecutor and the defendant does the plea agreement stand as stated or can the judge change the sentence?
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.
How do you have pending charges dropped after signing plea?
The question is somewhat unclear. Once you have signed a 'plea agreement' the charges are no longer "pending" because you have already signed a plea agreement. By signing the plea agreement you have, in effect, pled guilty to the offense(s) for which you were charged, or a reduced version of them. You (or your attorney) can file motion to withdraw your plea if you wish, but by withdrawing the plea you once again make yourself subject to prosecution for the original (un-reduced) offense. If you are asking about how to have the charge(s) removed from your public record (expunged), you will have to look into the procedure that is in effect in your state.
What is the plea agreement?
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.'
Can a plea agreement be changed?
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
If the defendant is offered and agrees to a plea bargain of twenty years but only if he or she takes the stand can a judge over rule the plea bargain by adding more to the twenty years?
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.
Should you accept a plea agreement or negotiate a lesser charge?
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 agreement between the prosecution and the accused to agree to a lesser charge is known as?
Plea bargain.
What does open plea mean?
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
What are the rules in making a good plea bargain agreement?
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.
How long do you have to withdraw a plea agreement?
I've got news for you - as the defendant, YOU don't have the bargaining power. The prosecutor will let you know how long you've got if/when he offers it to you.
