Most cases are resolved without the necessity of a trial.  Often there is no real question of guilt, and the only question to be resolved is the amount and degree of punishment.  Because both the state and the defense usually have a good idea of what punishment would likely result if the case were tried, the question can usually be fairly resolved by plea agreement.

A plea agreement is simply an agreement in which both the state and the defense agree on a suitable resolution.  If the judge agrees at the plea hearing and sentencing, the case is settled in the most efficient manner.  Should the judge believe the sentence is inappropriate, however, he/she may assess a lesser punishment than the plea agreement suggested, or he/she may reject the plea agreement and proceed as if an agreement had never been reached.  This could mean the defendant could withdraw his guilty plea.  This often means the case must be tried.  Your input is critical, but this office has to make the final decision on whether a plea agreement is appropriate in a specific case.  We will consider the severity of the crime, the wishes of the victim, the likelihood of success at trial, and the probable punishment which would be assessed without a plea agreement.