Plea offers are made in the discretion of the prosecutor, and can occur at any time, even prior to the filing of charges. In many states, it is standard procedure for the prosecutor to make an offer before the preliminary hearing, contingent on the defendant waiving the right to the hearing. In some states, the prosecutor will pressure the defendant into agreeing to an early plea by stating if he or she declines the offer and proceeds to the preliminary hearing, no later offers will be forthcoming.By the time of the preliminary hearing, the prosecutor has seen the police reports and reviewed witness statements, and has a fairly good idea of the strength of the case. Depending on how long your attorney has been involved in your case, he or she may or may not have had sufficient time to review the discovery and investigate possible defenses.Pleading guilty to any crime is a serious matter. While you didn’t mention the terms of the plea offer, if the original charge is first degree arson, it’s likely the offer involves pleading guilty to a lesser felony, and a potential for a period of incarceration.Your attorney is in the best position to advise you on the local practices regarding plea offers in your jurisdiction The decision as to whether to accept the plea bargain is one you should make only after full consultation with your attorney. If your attorney is new to the case and has not had enough time to fully review the evidence against you, interview witnesses, investigate the facts, and if the cause of the fire is an issue, consult with experts, perhaps your attorney can ask the prosecutor to agree to a continuance of the preliminary hearing in order to keep the offer “alive” while completing these important tasks.
Jeralyn Merritt, Ask a Lawyer Panelist Since 1998
Answered on Nov 29th, 2012 at 11:25 AM