What we need to know about plea bargaining

A plea agreement is an agreement between the accused and the prosecutor in which the accused admits guilt and agrees with the prosecutor on the sentence, mitigation of charges, or partial dismissal. Typically, the agreement involves cooperation and/or compensation for damages.   When concluding a plea agreement, it is possible to agree on a lighter sentence than the minimum prescribed by law, to mitigate charges, or to partially dismiss them. The plea agreement is formalized in writing and approved by a court verdict.   Both the accused/convicted person and the prosecutor can propose a plea agreement. It can be concluded both in the court of first instance and after the verdict is issued. However, most commonly, plea agreements are approved at the first court appearance of the accused.   A protocol is drawn up regarding the plea agreement, which reflects the negotiation process between the accused and the prosecutor. A copy of the plea agreement protocol is given to the accused and their lawyer. The accused and their lawyer have the right to make comments on the plea agreement protocol, which are attached to this protocol. The plea agreement protocol is signed by the prosecutor, the accused, and their lawyer, as well as the legal representative of the accused, if any.   It is noteworthy that in the case of a plea agreement, the court issues a guilty verdict without directly and orally examining the evidence. Concluding a plea agreement does not relieve the accused of civil and other types of liability.   The accused has the right to withdraw from the plea agreement at any time before the court issues a verdict without considering the merits of the case. After the verdict is issued, it is not permitted to withdraw from the plea agreement. The court's verdict enters into force immediately upon announcement and can only be appealed if: the plea agreement was concluded under coercion, threat, violence, intimidation, or deception; if the accused's right to defense was restricted; if the plea agreement was concluded in such a way that, even considering the accused's admission of guilt, there is insufficient evidence in the case that would convince an objective person that the accused committed the crime.   It should be noted that if negotiations are ongoing with the accused regarding the conclusion of a plea agreement, it is mandatory for the accused to have a lawyer.   If you wish to conclude a plea agreement and need the assistance of a lawyer, you can contact us at: 591811588.