Are there any circumstances in which a plea bargain is not an option?
In Delaware, there are certain circumstances in which a plea bargain may not be used. This is usually because the case is so serious or the offender is so dangerous that the state chooses to take the case to trial. Plea bargains are rarely available in cases involving violent crime or where someone is facing a life sentence. In such cases, the state may be unwilling to accept a plea bargain with a lesser sentence in exchange for a plea of guilty or no contest. Additionally, plea bargains are typically not available for crimes that have mandatory minimum sentences. For example, if someone is charged with a violent crime in Delaware and the minimum sentence is 10 years, the state may not be willing to enter into a plea bargain for a shorter sentence. Another scenario in which plea bargains are typically not available is when the defendant has a significant criminal history. If someone has been convicted of multiple crimes in the past, the state may be unwilling to accept a plea bargain with a lesser sentence. This is because the state is likely to view the defendant as a danger and may feel that a longer sentence is necessary for public safety. In summary, plea bargains may not be an option in certain cases involving violent crime in Delaware, as well as cases in which the defendant has a significant criminal history or mandatory minimum sentences.
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