Sentencing After Plea Agreement
Most of the time, this conversation is simple. The accused generally answer with a simple “yes” to each of the judge`s questions, according to which the judge accepts the plea. If the agreement does not provide for a specific sentence, the judge may seek different opinions before determining the sentence, such as that of the prosecutor, the probation officer, the victim of the crime and the accused`s lawyer, if they are represented. Negotiations between the Crown and the criminal defence can begin almost at any time during the trial, subject to jurisdiction. Plea bargains are usually made before a trail. Plea`s good business can sometimes be tried after an arrest and before the prosecutor charges. Sometimes arguments can even be negotiated, while a jury returns to a courtroom with a verdict. When the jury reaches a split decision, the prosecutor and defence counsel often negotiate a plea to avoid another trial. Plea agreements can also be negotiated as part of an appeal process. In accordance with Article 217 of Georgia`s Code of Criminal Procedure, the prosecutor is required to consult the victim and inform him before the end of the plea.
In addition, under the instructions of the Georgian Crown, the prosecutor is required to consider the interests of the victim and, as a general rule, to enter into the plea contract after compensation for the damage. In low cases (where the guilt and conviction of jurors is less important), the right to pleading may be higher than in strong cases. Prosecutors tend to be highly motivated by conviction rates, and “there are many signs that prosecutors are willing to go a long way to avoid losing cases, and that] if prosecutors decide to prosecute with such weak cases, they are often willing to go a long way to ensure that cases get lost.  Prosecutors often have a great power to obtain a desired level of inducement as they choose the charges to be laid. For this reason, forerunners (past criminal cases) are relevant criminal evidence. But wait, it`s not a lost thing! Prosecutors should never lay more charges than is necessary to encourage an accused to plead guilty to a few of them. Similarly, they should never pursue a more serious charge for the sole purpose of encouraging an accused to admit less serious guilt.  A mitigation plea generally contains the facts that led to the commission of the offence and mitigates factors that could reduce your sentence and precedents. Mitigating factors may include: In most jurisdictions, the roles of judges are limited to conviction and they are not part of the plea-bargain trial, but they still have the power to make changes to the pleading agreement if they do not agree with the conviction.