Plea Bargaining Sample Clauses

Plea Bargaining. Plea bargaining is the process whereby the accused, by counsel, and the Commonwealth’s attorney attempt to agree that upon entry by the defendant of a plea of guilty to one or more charged offenses or lesser or related offenses, the Commonwealth’s attorney will move for dismissal of other charges, recommend a particular sentence, or agree that a specific sentence is the appropriate disposition of the case. The plea bargaining process is governed by Rule 3A:8(c). In felony cases, any plea agreement must be reduced to writing, signed by the Commonwealth’s attorney, the accused, and defense counsel (if the defendant is represented by counsel), and presented to the court. Although the court cannot participate in plea discussions, all plea agreements must be submitted to the court for review. The court may accept or reject the plea agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider a presentence report. Rule 3A:8(c)(2). If a plea agreement is rejected and the parties do not agree that the judge may hear the case, the judge is disqualified pursuant to Va. Code § 19.2