I’ve been traveling for the past couple weeks, but got a notification from the government that the purpose of the hearing on the 5th is for Svorai to plead guilty. I have a number and code to use to dial into the hearing.
There’s four types of plea agreements that can be negotiated:
charge agreements, recommendation agreements, specific sentence agreements, and fact-stipulation agreements.
A charge agreement is an agreement that certain charges will not be pursued or will be dropped. The defendant can pick the crime with the most favorable sentencing scheme under the sentencing guidelines.
Under a recommendation agreement, the prosecutor will recommend a particular sentence or will not oppose a sentence request made by the defendant.
Under a specific sentence agreement, the court will impose a specific sentence within the guidelines range or a specific sentence that departs from the guidelines range for justifiable reasons.
A fact-stipulation agreement is not a separate plea-bargaining tactic under the rules or guidelines. These agreements support part of one of the other three types of agreements and include additional facts.
There’s still a lot more that goes into consideration, like adjustments to the offense level of the offenses charged, departures from the guidelines, multi-count indictments, and fines and restitution.
At the end it’s up to the judge to decide if he’ll accept the terms of an agreement.