Testimony of Accomplice or Codefendant with Plea Agreement is a type of evidence presented in a criminal trial. It is when an accomplice or codefendant of a defendant in a criminal case gives evidence against the defendant in exchange for a lenient sentence. This type of plea agreement is usually agreed upon by the prosecution and defense and is an important part of the legal process. The two main types of Testimony of Accomplice or Codefendant with Plea Agreement are: 1. Plea Bargaining: This is when the prosecution agrees to reduce charges or sentences in exchange for the defendant's testimony against another accused. This plea agreement is usually offered before trial and is an effective way to get a conviction. 2. Alford Plea: This is when the defendant pleads guilty to a lesser charge in exchange for the testimony of an accomplice or codefendant. This type of plea agreement is often used when the defendant is facing a long sentence and is willing to testify against another accused in order to reduce their own sentence. Both of these plea agreements can be beneficial to both the prosecution and defense. They can be used to obtain a conviction, reduce a sentence, or avoid a lengthy trial. However, it is important to understand the legal implications of these agreements before agreeing to one.
Testimony of Accomplice or Codefendant with Plea Agreement
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PROSECUTORS OFTEN WILL BARGAIN AFTER CONVICTION TO AVOID A POSSIBLE UNFAVORABLE DECISION ON APPEAL. AFTER CONVICTION, A MOTION FOR A NEW TRIAL IS GRANTED, A GUILTY PLEA IS ACCEPTED, AND A FAVORABLE SENTENCE IS IMPOSED AT THE SECOND TRIAL. THIS PRACTICE IS LESS FREQUENT THAN PRE-TRIAL BARGAINING.
1. A defendant may not be convicted of any offense upon the testimony of an accomplice unsupported by corroborative evidence tending to connect the defendant with the commission of such offense. The corroborative evidence need not, by itself, prove that a crime was committed or that the defendant is guilty.
Corroborating evidence is evidence that strengthens or confirms already existing evidence. In courts, it is used to support the testimony of a witness. For example, California has a statute that defines corroborating evidence in the context of a conviction.
An accomplice is defined as a person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal.
Penal Code Section 1111 provides, in relevant part, "A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of
Section 133 of the Indian Evidence Act says that an accomplice shall be a competent witness as against the accused person and a conviction the accused based on the testimony of an accomplice is valid even though it is not corroborated in material particulars.
There is no general ban against an alleged accomplice testifying against you.