In June 2019, a man was jailed for cheating banks for $181,669 loans using fake payslips. He was charged with four cheating charges, of which each charge is punishable for up to 10 years in prison and fines. He only pleaded guilty to two, and after considering the facts of the case and his plea bargain, the court only sentenced him to one year and seven months in jail.
It refers to an agreement between the prosecutor and the defendant whereby you plead guilty to a lesser charge with more lenient punishment. You can agree to plead guilty to a lighter sentence, or to a certain charge so that the prosecution will withdraw other charges. You can also plead guilty so that the Prosecution will withdraw certain aggravating facts presented in court that may affect your sentence.
– It saves the accused and the prosecution and the trial courts’ time, resources, and efforts.
– It saves the victim the ordeals of testifying in court. The prosecution understands that going to court can be traumatic for victims because it means they have to see the accused again and the accused may try to use the court system to traumatize them again.
If you’re innocent, fight for your rights. Do not sacrifice your name for efficiency.
If you’re guilty, hire a good lawyer to protect your rights to ensure that the evidence that is admissible in a court trial is brought up by the Prosecution. Your defence counsel and the Prosecution will work together for consensual case disposal. You don’t have to appear personally, since you or your counsel may simply submit written representations to the Prosecution.
In-person negotiations are also allowed in the Criminal Case Management System where your lawyer meets with the Prosecution at an early stage in the proceedings. The purpose is to narrow down the issues of the case and the advantages of pleading guilty. If there is a strong possibility of successful negotiations and upon agreement of all parties, your case may be referred to the Criminal Case Resolution Program. AT CCR your defence attorney and the Prosecution can negotiate for consensual case disposal. A senior judge of the CCR will be present, not to act as a judge but to facilitate plea negotiations.
Disclaimer: The article can not be considered as legal advice or opinion on the topic which has been discussed and one should not rely on it. In no way, it should be taken as the statement of law and practice in this area. If you need any legal advice you should consult a lawyer in your jurisdiction. None of the members, partners or consultant who is a part of Bishop Law assumes or holds any responsibility or liability, to any person in respect of the content shared above.
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