A plea agreement provides an opportunity to conclude a criminal case without a trial on the merits. The agreement is concluded between the accused and the prosecutor with the mandatory participation of a lawyer, while the court makes the final decision on its approval. A plea agreement between the defense and the prosecution may be concluded during the investigation stage or during proceedings before the courts of first instance, appeal, and cassation.
A plea agreement may include agreed terms concerning the charges, sentence, and other legal consequences. Entering into such an agreement is an important decision because, as a rule, it involves an admission of guilt and the delivery of a judgment of conviction.
Avtandil Giorgadze protects the accused person’s interests during negotiations over the terms of a plea agreement, its conclusion, and its approval by the court.
What Is a Plea Agreement?
Under a plea agreement, the accused accepts the terms agreed with the prosecution, after which the prosecutor submits a motion requesting that the court deliver a judgment without a trial on the merits.
The agreement may determine:
- the legal classification of the charges;
- the scope of the charges;
- the type and extent of the principal sentence;
- an additional sentence;
- the amount of a fine;
- a suspended sentence and probationary period;
- the confiscation of property obtained through the criminal offense or another item;
- a condition relating to compensation for the harm caused;
- an obligation of the accused to cooperate;
- other legal conditions permitted by law.
The terms of each plea agreement are individual and depend on the circumstances of the case, the seriousness of the charges, the evidence, the accused person’s circumstances, and the prosecution’s position.
A Plea Agreement Is Voluntary
Entering into a plea agreement must be based on the accused person’s free and informed decision. An agreement resulting from violence, threats, deception, or another form of unlawful influence is prohibited.
The accused has the right to:
- receive complete information about the terms of the agreement;
- know the legal consequences of the agreement;
- consult with a lawyer confidentially;
- accept or reject the proposed terms;
- request negotiations to modify the terms;
- withdraw from the agreement before the stage specified by law;
- request that the case be heard under the ordinary procedure.
Refusing a plea agreement does not deprive the accused of the right to a full trial and the exercise of their defense rights.
The Lawyer’s Participation Is Mandatory
A plea agreement cannot be concluded without the direct participation of a lawyer. The lawyer must explain to the accused not only the proposed sentence but also all potential legal consequences of the agreement.
The lawyer assesses:
- whether the charges are sufficiently substantiated;
- what evidence the prosecution possesses;
- whether there is a genuine possibility of acquittal or mitigation of the charges;
- whether the proposed sentence corresponds to the circumstances of the case;
- what consequences may result from an admission of guilt;
- how a criminal record may affect the accused person’s future;
- whether the agreement contains property-related or other additional obligations;
- whether there is an unforeseen legal risk for the accused.
The lawyer’s purpose is to ensure that the accused enters into the agreement only after fully understanding its terms and consequences.
Negotiations With the Prosecution
The terms of a plea agreement may be developed through negotiations between the prosecution and the defense.
During negotiations, the lawyer may present:
- weaknesses in the prosecution’s evidence;
- legal grounds for changing the classification of the charges;
- circumstances mitigating the accused person’s responsibility;
- the accused person’s family, health, and social circumstances;
- the absence of a prior conviction or past compliance with the law;
- cooperation with the investigation;
- compensation for the harm caused or willingness to repair it;
- circumstances relating to reconciliation with the victim;
- legal arguments supporting a less severe sentence.
Beginning negotiations does not mean that the prosecution will necessarily accept the terms proposed by the defense. The lawyer assesses the offer received and assists the accused in deciding whether it corresponds to their lawful interests.
Terms of the Plea Agreement and Sentence
A plea agreement provides for a sentence that is more lenient than the punishment established by law for the relevant criminal offense.
Depending on the circumstances of the case, the agreed sentence may include:
- a fine;
- a suspended sentence;
- imprisonment;
- a combination of imprisonment and a suspended sentence;
- deprivation of the right to hold a particular position or engage in a particular activity;
- confiscation of property;
- another principal or additional sentence.
In addition to the formal name of the sentence, it is important to assess all practical consequences, including the deadline for paying a fine, the conditions of the probationary period, additional obligations, and the possible consequences of violating them.
The Role of the Court
An agreement between the prosecutor and the accused does not automatically result in the delivery of a judgment. The court must examine the legality of the agreement and whether the accused person’s decision was voluntary.
The court determines:
- whether the accused understands the substance of the charges;
- whether the accused understands the terms of the agreement;
- whether they know which rights they are waiving;
- whether the decision was made voluntarily;
- whether they had an opportunity to consult with a lawyer;
- whether sufficient evidence supports the charges;
- whether the agreed terms are lawful;
- whether the requested sentence is fair.
If the court does not approve the agreement, the case may be returned to the prosecutor or continued under the ordinary procedure established by law.
Which Rights Does the Accused Waive?
By accepting a plea agreement, the accused waives the exercise of important rights associated with a full trial on the merits, including the right to:
- a full examination of the prosecution’s evidence;
- question prosecution witnesses in court;
- have their own evidence examined in full;
- have the merits of the case heard by the court;
- appeal the judgment within certain limits.
Before accepting the terms of a plea agreement, it is therefore necessary to conduct a comprehensive assessment of the case evidence and possible alternatives.
Plea Agreement and Criminal Record
When a plea agreement is approved, the court delivers a judgment of conviction. The person consequently acquires a criminal record, except in different legal circumstances provided by law.
A criminal record may affect:
- future criminal responsibility;
- the ability to hold a particular position or engage in a particular activity;
- professional licenses and permits;
- entry into a foreign country or obtaining a visa;
- residence rights;
- other administrative and legal matters.
Before the agreement is signed, the lawyer must explain to the accused not only the anticipated sentence but also the agreement’s potential long-term consequences.
Plea Agreement for a Foreign National
A plea agreement may have additional immigration and administrative consequences for a foreign national.
Before entering into an agreement, it is necessary to assess:
- the right to remain or reside in Georgia;
- the possibility of removal from the country;
- a possible restriction on re-entry into Georgia;
- the agreement’s effect on residence rights or a visa in another country;
- conditions relating to departure from the country after serving the sentence;
- a possible connection with an international search or proceedings in another country.
Removal from the country or another immigration consequence is not applied automatically in every case and depends on the specific legal grounds and the decision made.
The Victim’s Interests
When a plea agreement is concluded, the harm caused to the victim, the victim’s position, and the issue of compensation may be assessed.
The victim’s position is important. However, within the scope of the powers established by law, the prosecutor and the accused decide whether to conclude a plea agreement, while the court decides whether to approve it.
Can a Plea Agreement Be Appealed?
The possibility of appealing a judgment delivered on the basis of a plea agreement is limited. An appeal is permitted only on the grounds and in accordance with the procedure established by law.
Possible grounds may relate to:
- the involuntary conclusion of the agreement;
- a violation of the accused person’s rights;
- the absence of legal assistance;
- a breach of the agreed terms;
- another material circumstance provided by law.
Before entering into a plea agreement, it is particularly important that the accused or convicted person understand its final nature and the limited possibility of appeal.
What Do the Lawyer’s Services Include?
During plea agreement proceedings, the lawyer:
- reviews the criminal case materials;
- assesses the prosecution’s evidence and the prospects of the case;
- explains the positive and negative consequences of the agreement to the accused;
- determines the terms acceptable to the defense;
- negotiates with the prosecution;
- presents mitigating circumstances;
- examines the text of the agreement and all additional terms;
- ensures that the accused person’s decision is voluntary and informed;
- represents the accused person’s interests in court;
- after the judgment is delivered, explains to the convicted person the enforcement of the sentence and other legal consequences.