What is the process of plea bargaining in a violent crime case?
In Washington, plea bargaining is the process of negotiating a resolution between a defendant and the prosecution in a violent crime case. The process is typically initiated when a defendant who is facing a potential conviction contacts the prosecuting attorney to express an interest in plea bargaining. In the plea bargaining process, the defendant and the prosecuting attorney exchange proposals. The defendant typically asks for a lesser charge in exchange for a guilty plea, while the prosecution typically seeks a more serious charge, a heavier sentence, or both. The exchange of proposals continues until an agreement is reached. When the agreement is reached, the plea bargain is formalized in a document that specifies the charges the prosecution will recommend to the court and the sentence the parties are requesting. If the court accepts the plea bargain, the defendant will plead guilty under the terms of the plea agreement, and the remaining open charges will be dismissed. If the court rejects the plea bargain, the case will go to trial and the outcome will be determined by a jury. In Washington, plea bargaining in violent crime cases is heavily regulated to ensure that justice is served. For example, the court may reject the proposed plea agreement if it believes the terms proposed do not match the severity of the crime. Furthermore, the prosecuting attorney has discretion over whether to present a plea bargain to the court.
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