What is the process for plea bargaining a violent crime case?
Plea bargaining is a process often used in criminal cases, including those involving violent crimes, in the state of Florida. The plea bargaining process typically begins when the accused individual contact an attorney or a public defender to work on their case. During the plea bargaining process, the defendant and the prosecution will negotiate an agreement to reduce the charges or penalties faced by the accused. The plea bargaining process can involve any type of violent crime including assault, battery, rape, murder, and manslaughter, as well as other crimes that lead to bodily harm of another person. The most common form of plea bargaining is for the defendant to plead guilty to a lesser charge, usually a misdemeanor, in exchange for a lighter sentence than they would face with the initial charge. However, plea bargaining can also involve dropping some charges, waiving some sentencing requirements, or moving the case to a lower court. The plea bargain is ultimately offered to the defendant by the prosecution and accepted or rejected by the defendant or their defense attorney. If accepted, the plea bargain is included as part of the official decision or sentence issued by the court. To avoid any potential conflict of interest, the judge, if there is one presiding over the case, does not take part in the plea bargaining process. However, ultimately the decision is up to the judge to determine if the plea bargain agreement is appropriate for the particular crime or if sentencing should proceed as originally charged.
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