If a person is in the process of being offered 2 plea agreements and would like a lesser plea can they submit some kind of form?

Asked almost 2 years ago - Colorado Springs, CO

Can a person who is incarcerated ask his PD to submit a lesser plea agreement to the DA if the two on the table are still a lot of timeā€¦and which is worse, attempted first degree murder or 2nd degree murder? Can he ask for voluntary manslaughter with provocation and rage? I am so not an attorney and helping a friend who totally blew up his life in a rage situation.

Attorney answers (4)

  1. Christopher Daniel Leroi

    Contributor Level 20


    Lawyers agree

    Answered . Yes, a person can ask his PD to negotiate with the DA at any time and submit offers and counteroffers. There is not a form for this. They normally document it by e-mails. You can ask for any plea bargain. The worst that the DA can do is say no. Your friend really needs to rely on his PD. They are extremely experienced and excellent attorneys and it is not for any of us here on Avvo to second guess them. Attempted 1st degree murder and actual second degree murder are the same level of felony. Obviously, the completed murder "sounds" worse than merely an attempt.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. James A Reed


    Contributor Level 13


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Murder case negotiations are very fact specific. The DA is concerned about his/her ability to prove their case. The best approach is a thorough investigation of the matter to ferret out any weaknesses from which to bargain. The Public Defenders Office has good investigators, and murder cases are priority cases for them. I do not know how far onto the process the case is, but given the offers, my guess is that is either a strong DA case, or it is still early. The offers may get better as the matter proceeds.

    Good luck

  3. Mark S. Solomon

    Contributor Level 15


    Lawyers agree

    Answered . What you are describing is the complicated process of plea bargaining. Often, in the process, the District Attorney makes more than one offer to a defendant. Sometimes the offers go up in charges, fines, and jail time, and sometimes they go down. This depends on the facts of the case, the prosecuting attorney, and the district attorney's office policies.

    Your friend's case is a very serious one, and his attorney with the public defender's office is likely very experienced in this process.

    You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational... more
  4. Douglas Holbrook

    Contributor Level 17


    Lawyers agree


    Answered . Defendants can reject or ask for anything they choose to. The only risk is that what is offered could at any time, be taken off the table. There is not form involved until a plea agreement is reached.

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