Louisiana Stipulated Plea Agreement
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FAQ
Some victims want to make a statement on the record; others prefer that the prosecutor or another person read their statement. Some states also allow victims the right to be heard at critical stages of the prosecution, such as pretrial release (or bail) hearings or presentation of a plea agreement.
In at least 22 states, the victim's right to confer with the prosecutor requires a prosecutor to obtain the victim's views concerning the proposed plea.Because most states provide no consequences for noncompliance with such laws, however, crime victims are still frequently left out of the plea agreement process.
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.
Plea bargains allow victims to avoid testifying in court, which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.
In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you're found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.
In several states, victims are afforded a general right to confer with the prosecutor.In other states, the obligation to confer appears to be limited to notifying, informing, or advising victims of a plea bargain or agreement that has already been reached before presenting the proposed plea to the court.
As part of a plea agreement under the guidelines, the parties may stipulate a specific sentence regardless of whether the sentence is within the range provided in the cell which corresponds to the defendant's criminal history index and the crime seriousness level of the offense(s) to which the defendant will plead.
Protecting VictimsVictims can also benefit from plea bargains, especially when a victim wants to avoid the stress of testifying and facing a perpetrator at a trial. A guilty or no contest plea is quicker and also tends to receive less publicity than a trial. But not all victims are happy to see cases bargained away.
Lawyers agreeing to a deal isn't the end of the story: Judges have to approve plea agreements. A plea bargain (or plea deal) occurs when the prosecution and defense negotiate and agree upon the appropriate resolution of a criminal case.