Agreed Plead Agreement Form In Nassau
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Plea bargains are offered in most California cases; however, it is entirely up to the defendant whether or not to accept it. Every defendant has the right to a fair trial.
The terms of a plea deal are carefully negotiated by the prosecutor and the defendant, after speaking with their defense lawyer, but the judge makes the final decision.
Court Approval and Plea Agreements in California A judge must approve a plea deal. Once you have reached an agreement with the prosecution, the judge hears the details of the deal. The judge will ask you to confirm that you are voluntarily entering the plea.
In the event that some form of the deal is accepted, the judge will hear the plea in open court and sentence the defendant. This may happen at a special hearing if the defendant is in custody, but otherwise the plea probably will go on the record at the next scheduled hearing.
When a defendant decides to accept an offer for a plea arrangement he gives up the following constitutional rights: To have a jury trial. To confront and cross-examine witnesses. To compel witnesses to testify at trial.
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
Prosecutors are key decision-makers when it comes to plea bargaining in part because prosecutors make the initial charging decisions (Ball, 2006; Davis, 1998). Prosecutors reserve the discretion to decide whether to pursue charges in a criminal case (United States v. Batchelder, 1979).
The terms of a plea bargain are generally public unless the judge seals the case. This is an unusual step. So in most cases, the public can access the terms of the plea bargain.