Georgia Law On Plea Agreement

Simply put, a plea is a good deal when the accused agrees to plead guilty to a lesser charge in exchange for a lighter sentence, and to avoid a jury trial. Sometimes a plea agreement is offered by the state, while in other cases your lawyer can initiate the trial. If both parties agree and the judge approves the conditions, the accused will plead guilty, the agreed sentence will be taken and the case will not be tried. The introduction of pleas[15] played an important role in the reform of the Georgian criminal procedure and was widely touted as a success. According to some reports, most criminal proceedings in the country are governed by oral arguments. [16] However, some commentators have observed that, although the conclusion of specific procedural agreements remains very popular and useful in prosecuting offenders, their role in combating organized crime remains uncertain. Some say that the potential of oral arguments is compromised by the lack of an effective witness protection system in Georgia. [17] Georgia`s plea bargaining system has also been criticized for the fact that most of these transactions are concluded in exchange for sometimes irrational fines. According to Transparency International, the revenue from oral arguments accounts for up to 1% of the national budget.

This “cash for freedom” approach leads to economic discrimination and allows wealthy criminals to obtain easier sentences. [18] Following the agreement, the public prosecutor will submit this agreement to the judge assigned to your case. The judge is not involved in any part of the plea trial and good business, so he must be submitted for approval. Notwithstanding the acceptance of an admission of guilt, the judgment should not be recorded in the record without such a review, which may justify to the judge that there is a factual basis for the action drawn. Any agreement reached must be well thought out and taken into consideration by you and a lawyer. Plea`s negotiations are not as easy as they seem, and it requires technical knowledge of crimes and an understanding of criminal guidelines for crimes. Without legal training, it is very difficult to make a good deal while preserving your rights. A competent and experienced criminal defence lawyer can negotiate the best plea on your behalf. A procedure called a “special cooperation agreement” is a particular type of procedural agreement that can be applied when the cooperation of the accused or convicted person leads to establishing the identity of a criminal official or informing the authorities of the name of a person who has committed a serious or particularly serious crime. Such agreements are initiated at the request of the Attorney General of Georgia to the Court, which has a full release of the accused from liability or punishment, or the requirement of a judicial review of the sentence.

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