The Prosecutor Is Authorized To Offer Plea Bargains As Well As Bring Charges

Interviewer: Who would initially typically initiate a plea? Is it always the prosecutor or can the defense come up with a plea first?

Michael Kramer: Well the prosecutor is the one who brings the charge, and therefore the ball is in the prosecutor’s court – so to speak – with regard to an initial evaluation of the case and an initial plea offer.

A Prosecutor offers Reduced Charges on a Plea Bargain, A Judge then Approves or Rejects it

Interviewer: If the prosecution offers a plea, will it have to stick strictly to what the plea states or is there room for negotiation?

Michael Kramer: In the prosecutor’s plea offer he may condition it on a certain type of sentence. If that’s the case, then the terms of the sentence he is proposing will be set forth to discuss with the client. So a plea bargain involves a plea to a certain reduced charged and either a sentence conditioned upon that or leaving a sentencing up to the judge – in which case the ball then passes to the judge to determine whether the judge will accept the plea bargain, and if so, what is the proposed sentence? So that when the defendant goes into court he or she is totally aware of what they are facing, and that there are no surprises and secrets. A defendant must be made fully aware of all the terms of the plea bargain before the plea is entered.

The Plea Bargain Solely Rests on the Discretion of the District Attorney’s Office

Interviewer: What about the judge? Can the judge further negotiate the bargain?

Michael Kramer: Well the judge can either accept or reject the plea bargain. He can suggest e particular plea bargain.  Offer a particular view of the case.  But he cannot force a plea bargain on the prosecutor.

The Judge Can Negotiate A Particular Sentence & Put Conditions on a Plea Bargain

Interviewer: Can a judge make certain conditions and negotiations on a plea bargain?

Michael Kramer: The judge can impose a particular sentence and place conditions on the plea bargain.

Interviewer: So what if I were to feel that I was innocent? Wouldn’t the plea bargain be like an admission of guilt?

Michael Kramer: Yes- it would be an admission of guilt to a lesser charge. As I said initially, that’s one of the disadvantages of a plea bargain. People accept plea bargains who are one hundred percent guilty, or even totally innocent, for various reasons.