Plea Bargain Procedures

• A plea agreement can be initiated by either the defense or the prosecution. In a charge bargain a more severe charge is dropped in exchange for a guilty plea on a lessor charge. In a sentence bargain an agreement is reached for a sentence that is much less than the maximum for the specific crime.
  
  The agreement must be signed by the defense. After the agreement is reached the prosecutor must file the agreement with the court. The judge then decides whether to accept or reject the plea agreement.
  
  In the courtroom the judge will not pronounce the sentence until he has determined several things, including: that the defendant has agreed to the sentence without any threats, and that he agrees with the facts that form the basis of the agreement. In simple terms, if the defendant is pleading guilty to illegal possession of a firearm but tells the judge that he did not possess a firearm on the date he was charged with the crime, the judge will reject his plea agreement.
  
  

Felony Charges and the Effect of Prior Felony Convictions

• Pleading to a lessor charge, or accepting a sentence that is much lighter than the maximum is a wise idea when the charges could bring significant prison time. A defendant who has committed armed robbery will do well to negotiate less time in a state facility. Michigan Criminal Law permits the court to sentence a defendant to life in prison for armed robbery. The California Penal Code gives the court the same discretion. These codes are typical of criminal statutes regarding the sentences for armed robbery. While it is rare for judges to put a defendant behind bars for life, rolling the dice with a trial can lead to decades in the state penitentiary.
  
  A prior felony record often triggers an increased prison sentence. When two prior felony convictions could result in a 20 year sentence for a new felony it is wise to work out a plea bargain.
  
  

Victim Input on Sentencing

• Traditionally the victim of the crime had no say in the sentence. This has changed as states have enacted victims' rights statutes. These statutes require the prosecutor to meet with the victim and to hear his input. While victim's rights laws do not allow the victim to veto a plea agreement, the meeting with a victim who has been severely harmed can influence a prosecutor. Prosecutors are trained to follow the law, but because they are human, hearing from a victim can influence their thinking on sentencing.