Washington Code 9.94A.450 – Plea dispositions
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STANDARD: (1) Except as provided in subsection (2) of this section, a defendant will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.
Terms Used In Washington Code 9.94A.450
- 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.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) In certain circumstances, a plea agreement with a defendant in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following:
(a) Evidentiary problems which make conviction on the original charges doubtful;
(b) The defendant’s willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;
(c) A request by the victim when it is not the result of pressure from the defendant;
(d) The discovery of facts which mitigate the seriousness of the defendant’s conduct;
(e) The correction of errors in the initial charging decision;
(f) The defendant’s history with respect to criminal activity;
(g) The nature and seriousness of the offense or offenses charged;
(h) The probable effect on witnesses.
[ 1983 c 115 § 16.]