The Legal system can be incus lice of a Plea bargain. A plea bargain is an agreement reached between the prosecutor and defendant, where the defendant agrees to plead hilt, in return for something beneficial to the defendant, such as a reduced sentence. (Plea Bargain) This essay will include a plea offer from the procurer’s office, a counter offer from the defense council, and discuss the role of the Judge in plea bargain cases. It will also include what factors contributed to the plea offer and justification to the offer.
A significant amount of information required before a plea bargain can be offered. To offer such a plea, the following scenario is being created, to fill in gaps of missing information, understand the defendant’s history and offer what is appropriate for the totality of circumstances and facts. Mario: a person who has previously been arrested for possession of a dangerous drug, on two separate occasions, has again been arrested fir DUI .08 or above and possession of a dangerous drug. For the sake of argument, it has been determined that Mario did not exceed the threshold, for methamphetamine, which is 9 grams, he was in possession of 4 grams of the drug.
With consideration of all facts and circumstances, if:
• The defendant will waive the right to a jury trial and his right to appeal.
• The defendant will waive …show more content…
A trial by jury, or by judge can occur, or the prosecution and defense can reach an agreement, as to what an appropriate punishment will be, by the defendant, for the crime. There can be lengthy negations between the prosecution and defense council, before an agreement is reached, but this does not guarantee that, the pleas agreement will be accepted by the judge. While a judge will generally defer to the judgement of the prosecution, if the judge has reservations about the agreement, or feels that it is an inappropriate sentence, the judge may adjust and sentence at their
A significant amount of information required before a plea bargain can be offered. To offer such a plea, the following scenario is being created, to fill in gaps of missing information, understand the defendant’s history and offer what is appropriate for the totality of circumstances and facts. Mario: a person who has previously been arrested for possession of a dangerous drug, on two separate occasions, has again been arrested fir DUI .08 or above and possession of a dangerous drug. For the sake of argument, it has been determined that Mario did not exceed the threshold, for methamphetamine, which is 9 grams, he was in possession of 4 grams of the drug.
With consideration of all facts and circumstances, if:
• The defendant will waive the right to a jury trial and his right to appeal.
• The defendant will waive …show more content…
A trial by jury, or by judge can occur, or the prosecution and defense can reach an agreement, as to what an appropriate punishment will be, by the defendant, for the crime. There can be lengthy negations between the prosecution and defense council, before an agreement is reached, but this does not guarantee that, the pleas agreement will be accepted by the judge. While a judge will generally defer to the judgement of the prosecution, if the judge has reservations about the agreement, or feels that it is an inappropriate sentence, the judge may adjust and sentence at their