The United States are in a complex federation, in which successful criminal plea deal depends on (1) customary communication, (2) jurisdiction, and (3) types of plea bargain. This one time, reviewing the rights and legal standing of the victim’s party regarding plea deal might help move from {unflattering but polite characterization of} question to worthy and elevated conversation.
Customarily, it is the duty of the victim’s party to diligently communicate with the prosecutors, and provide timely objection to any undesirable plea bargain.
Complaining to the effect of “we received information about a plea deal via email only 48 hours before sentencing” is not sensible if no attempt were made for due diligence with the prosecutors. This is one of many reasons for victim’s party to lawyering.
The mean for formally disagreeing with the prosecution about plea deal despite prior due diligent communication is the impact statement, which is read in open court at sentencing. The victim’s party could state to the effect of “We were not informed of a plea bargain. We object to the plea deal.” Depending on the argument presented at that time, the Judge may or may not reject the plea deal.
Customary communication goes both ways. It is the duty of the defendants’ attorneys to diligently communicate with the Judge, and initiate timely probe as to the sentencing range the Judge thinks adequate. There are cases where the Judge rejects a plea deal dimmed too lenient albeit prosecutor and defendant reached a prior agreement.
Albeit the Sixth Amendment applies to all jurisdictions of the 50 United States and their dependencies, the legal authority granted to the varied courts (read Judges) to enact justice is not uniform.
In the United States, jurisdiction concept depends on multiple levels of local, state, and federal governments. That is to say even the federal government courts have differing levels of jurisdiction and behavior. That is why completing a JD education is not enough without passing the adequate Board examinations to become a lawyer in a specific US jurisdiction. There are nuances about the rights and legal standing of the victim’s party regarding plea deal depending on these jurisdictions.
Before a trial date or a plea date of a criminal case is set in the jurisdiction of the State of Florida (and other jurisdictions), the Judge asks during a preliminary hearing if any plea bargain is on going or a plea deal is reached. In the public domain, there is a video of Judge Everett asking this question in a preliminary hearing before Charles Adelson’s trial.
Before today’s preliminary hearing, both the State Attorney and one of Donna Adelson’s lawyers denied publicly that a plea deal exists. Given the circumstance, that public denial rather than a denial in open court was unusual from the State Attorney, albeit necessary.
The three major types of plea bargain are charge bargaining, sentencing bargaining, and fact bargaining.
The victim’s lawyers do not have to be passive observers, depending of the type of bargaining. To be brief, let us exemplify that opportunity for objection during fact bargaining is not only desirable for the lawyers of the victim’s party but also appreciated by the investigators working under the prosecution.
In the jurisdiction of the State of Louisiana, fact bargaining is illegal! Rising a reasonable suspicion of fact bargaining with the Judge could be enough for the victim’s party to stop the bargaining process. Thereafter, careless defendant lawyers in Louisiana might have higher hurdle to initiate any other type of plea bargaining.