Section 6.23 Waiver as Tool of Plea Bargaining

• Library: Criminal Practice 2012 Supp

D. (§6.23) Waiver as Tool of Plea Bargaining

It is increasingly common in rural practice for prosecuting attorneys to make an initial plea offer before the time for a preliminary hearing. Plea offers are thus conveyed to the defendant to entice the defendant to waive preliminary hearing. Obviously, prosecuting attorneys will thereby avoid presenting numerous cases on an already overcrowded grand jury docket and will also ensure that dispositions are possible and encouraged when the cases are bound over to circuit court. Consistent with plea offers being made at or before the time of preliminary hearing, early discovery is being supplied to defense counsel by prosecuting attorneys more and more often. Counsel is cautioned to weigh the advantages and disadvantages of conducting the preliminary hearing against obtaining a plea offer that later may be withdrawn or modified. Typically, the plea offer is contingent on waiver of the preliminary hearing and often...