Plea Bargaining?

Plea Bargaining. 

It is a common scenario in criminal court. The accused may interpose a yes-guilty to a lesser offense which is necessarily included in the offense charged. However, it shall be with the consent of the offended party and the prosecutor.  Otherwise, there would be no plea bargaining.

As to what stage the accused may be allowed to have a plea bargaining.  As provided in the Revised Rules of Criminal Procedure, at arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged.

Further, the same Rules also states that plea bargaining shall also be one of the things considered in the Pre-Trial Conference.

In short, a plea bargaining is allowed for as long as the prosecutor has not offered yet any evidence to prove the guilt of the accused beyond reasonable doubt.

However, in reality, some of the judges, may allow the accused to have a plea bargaining even if the prosecutor has already presented witnesses and evidences against him. It would really depends on the sound discretion of the judge. Of course, the consent of the offended party and the prosecutor is a must.

So what is the limitation of plea bargaining?

The accused may be allowed only to have a plea bargaining to the lesser offense which is necessarily included in the crime charged. For instance, what was charged was Serious Physical Injuries, the accused may be allowed to plead guilty either to Less Serious or Slight Physical Injuries only.

The court may also allow the accused to plead guilty to the same offense charged but imposing the least possible penalty allowed by law.

In my end, I would not allow the accused to interpose any plea bargaining if the accused does not admit committing or participating in the commission of the offense.  If the accused maintains his innocence, no matter how luring the offer of the prosecutor may be, it is a no-no for me.

After all, it is the right of the accused that is what I am fighting for.


An image featured herein is taken from www.shestokas.com via Google.

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