Kansas Statutes 21-6812. Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions
The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor may do any of the following:
(a) Move for dismissal of other charges or counts;
Terms Used In Kansas Statutes 21-6812
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
(b) recommend a particular sentence within the sentencing range applicable to the offense or to the offense to which the offender pled guilty;
(c) recommend a particular sentence outside of the sentencing range only when departure factors exist and such factors are stated on the record;
(d) agree to file a particular charge or count;
(e) agree not to file charges or counts; or
(f) make any other promise to the defendant, except that the prosecutor shall not enter into any agreement to decline to use a prior drug conviction of the defendant to elevate or enhance the severity level of a drug crime as provided in Kan. Stat. Ann. § 21-5703, 21-5705 or 21-5706, and amendments thereto, or make any agreement to exclude any prior conviction from the criminal history of the defendant.