How does prosecutor come up with certain plea bargain / probation terms ? Is his own discretion or there is an investigative team , bunch of other people or his boss that decide like business is done in a company .
Most State's Attorneys are free to make their own offers based on the facts and circumstances surrounding each case. They are subject to the supervision of their supervising attorneys, who give general guidelines and policies about which crimes, mitigating or aggravating factors will be emphasized, and which will not.
There is no hard and fast rule. Each State's Attorneys office in each jurisdiction/court is run a little differently.
If you have been charged with a crime, (and especially if you have already engaged the State's Attorney in plea negotiations), consider hiring an attorney, or applying for the services of the public defender to ensure you get the best deal possible.
A plea bargain is just that, a bargain. Your attorney and the prosecutor go back and forth, like buying a car, until they each come up with something they can (and you) all agree. The better the attorney, the better the bargain.
The materials contained in this answer are provided as a public service and on an informational basis. These materials are not intended to be a comprehensive statement of Maryland law, and are not intended to convey legal advice. I answer all questions. However, this does not constitute legal representation. I am not your lawyer until you pay me money. If you have a legal problem, you should consult with an attorney who can investigate the particular circumstances of your situation. If you need an attorney, you may contact me 410-828-9363 and I will be more than happy to give you a free initial consultation.
You may be confusing two different issues. The judge sets terms of probation, and most common offenses have a pretty straight forward set of conditions not really having anything to do with the prosecutor, but far more to do with how you and your lawyer prepare for the sentencing. In Montgomery County, however, as in a number of Maryland counties, the prosecutor's office has adopted programs which they will offer to certain offenders which will not involve the judge. If your lawyer has you screened for one of these programs, and if deemed acceptable, and if you accept the deal, you would complete whatever terms (community service hours, drug/alcohol class, etc.) called for in the program, and then your case would be dismissed without having to admit guilt or be sentenced to any terms of probation. A lawyer is essential to guide you through these options, and to either ensure that you get offered one of these diversion programs, or achieve some other result that suits your particular circumstances best.
Each prosecutors office sets its own policies. An attorney can assist you with evaluating the states case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements