Q: Can a judge allow two level fives felonies reduce the charges to misdemeanors because of a plea agreement. In indiana
A: A judge may accept or reject any plea agreement presented. Plea agreements are negotiated between the prosecutor and the defense attorney. All parties, including the defendant, must be in agreement for a plea agreement to be filed with the court. Once a plea agreement is filed, the judge will hold a change of plea hearing to determine whether or not to accept the plea agreement. With most felony cases, the judge must order a pre-sentence investigation (PSI) report to be prepared by the probation department. The PSI will provide the judge necessary information to help determine whether or not it is appropriate to accept the plea agreement.
A: The short answer is yes. The prosecutor offers the plea and if the defendant accepts the plea, then the judge decides if the plea is appropriate given the circumstances of the case and the defendant. The judge can either accept or reject the plea.
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