Plea Bargaining: What Can and Can't Be on the Table?

Can a prosecutor threaten more serious charges if the defendant refuses to agree to a plea bargain? Can a plea bargain include a promise by the State to be more lenient on the defendant’s wife? Read on for answers. Generally Plea negotiations may include discussion of the possibility that in exchange for the defendant's guilty or no contest plea, the prosecutor will not charge, will dismiss, will move for the dismissal of other charges, or will recommend or not oppose a particular sentence. G.S. 15A-1021(a). Restitution or reparation may be part of the plea arrangement. G.S. 15A-1021(c). The prosecution may condition a plea offer on the defendant providing information to the prosecution, Woodson, 287 N.C. at 593, rev'd on other grounds, 428 U.S. 280 (U.S. 1976), or on truthful testimony in criminal proceedings. G.S. 15A-1054(a). Due process isn’t violated when the prosecutor legitimately threatens a defendant during plea negotiations with institution of more serious charges if the defendant doesn’t plead guilty. See Bordenkircher, 434 U.S. at 365. If the defendant declines to plead guilty, no constitutional violation occurs when the prosecutor carries out that threat. See id at 360, 365; see also United States v. Goodwin, 457 U.S. 368, 380-84 (1982). Leniency for Third Parties Although a prosecutor’s offer of leniency to a person other than the defendant has withstood a due process challenge in North Carolina, see State v. Summerford, 65 N.C. App. 519, 521-22 (1983); see also State v. Salvetti¸ 202 N.C. App. 18, 31-32 (2010), the U.S. Supreme [...]