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Plea Of Guilty To A Lesser Offense


Section 2.

Plea Bargaining
   - It is process whereby the accused, the offended party and the
     prosecution work out a mutually satisfactory disposition of the
     case subject to the court’s approval.

     It usually involves the defendant’s pleading guilty to a lesser
     offense or to only one or some of the counts of a multi-count
     indictment in return for a lighter sentence than that for the
     graver charge.

     It precludes the filing and prosecution of the offense originally
     charged in the information, except when the plea of guilty to a
     lesser offense is without the consent of the offended party and
     the prosecutor.

Plea to Lesser Offense During Arraignment
   - During arraignment, the accused may enter a plea of guilty to
     a lesser offense PROVIDED there is consent of the offended party
     AND of the prosecutor to the plea of guilty to a lesser offense
     that is necessarily included in the offense charged.

Plea to Lesser Offense After Arraignment but Before Trial
   - After arraignment but BEFORE trial, the accused may still be
     allowed to plead guilty to a lesser offense after withdrawing
     his previous plea of not guilty. No amendment to the complaint or
     information is necessary.

Plea to Lesser Offense After Trial has Begun
   - After the prosecution has rested its case, a change of plea to a
     lesser offense may be granted by the judge, with the approval of
     the prosecutor and the offended party if the prosecution does not
     have sufficient evidence to establish the guilt of the accused
     for the crime charged. The judge cannot on its own grant the
     change of plea.

Presence and Consent of the Offended Party
   - The consent of the offended party is necessary before the accused
     may be allowed to plead guilty to a lesser offense. If the plea
     of guilty to a lesser offense is made without the consent of the
     prosecutor and the offended party, the conviction of the accused
     shall not be a bar to another prosecution for an offense which
     necessarily includes the offense charged in the former information
     (No double jeopardy).

   - If the offended party fails to appear during arraignment, the
     court may allow the accused to plead guilty to a lesser offense
     with the conformity of the trial prosecutor alone.




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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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