Can you bargain down a charge

Kelter · 13-01-2008 10:55am #1

If one were to be facing fairly serious charges, far more serious than you believes is reasonable for any indiscressions which may have been committed, could one bargain with the guards to reduce the seriousness of the charges in return for a guilty plea?

I ask this because it all looks very cool on American TV shows, but is it practiced in Ireland.

Our man in Havana · 13-01-2008 1:54pm

The only charge that I know of that can be bargained down is Dangerous Driving to Careless driving. I don't know if they are any others like that.

dermot_sheehan · 13-01-2008 3:43pm

happens all the time,

Somone is charged with a s. 3 and s. 15 of the misuse of drugs act (possession and possession with intent to supply), its common in district court to go to prosecuting garda and say look, well plead guilty wo the s. 3 because we know we can't win on that one if you agress to dismiss the s. 15 as it'd be near impossible for you to prove that and itd be saving everyones time.

It all depends on the circumstances of the case

Our man in Havana · 13-01-2008 6:38pm

The thing is can a charge be bargained down to a charge not on the charge sheet?

Jo King · 13-01-2008 7:44pm

In some charges the statute provides for an alternative verdict. Thus if charge A is laid the court can, on the evidence, find the defendant guilty on charge B instead. Quite often the defence may offer the prosecution a guilty plea to a lesser charge. The prosecution may accept rather than run the risk of failing to prove the more serious charge.famously the killers of Det. Garda Mc Cabe offered to plead guilty to manslaughter rather than murder and the prosecution agreed to that.

NUTLEY BOY · 13-01-2008 11:37pm

Yes.

Many charges can be "bargained" down as explained above.

Don't worry about what you see on American TV ! Whilst it may be reflective of what goes on some American prosecutors love to "overcharge" defendants with a view to intimidating them in to pleading to a lesser charge. It is a particularly good tactic in cases where the prosecutor can seek the death penalty !!!!!!!!

Maximilian · 14-01-2008 12:44pm

I don't think there is any legal basis for it here (its entirely at the prosecution's discretion) but it does happen all the time in practice.

Kelter · 15-01-2008 1:53am

That is good to hear... hypothetically of course (and for my... friend)

Can you bargain down a charge

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