Can charges be lowered during a trial and can a plea be made during trial as well? 14 Answers as of June 02, 2013

If enough evidence can't be provided in court at trial to make a prosecution can the DA reduce the charges during the trial to be more fitting? And if so, can a plea bargain be made during the trial process? Ive heard that agreements can be made during trial. For example, if multiple people are being prosecuted but no one knows who could have done the felony ADW assault (mulitple people involved in a fight with "kicking"), can the charges be reduced during trial to battery or a misdemeanor ADW? And if that can be done, will the DA reconsider a different plea agreement?

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Attorney at Law | Dorinda Ohnstad
Absolutely, it is not uncommon to negotiate a plea deal during trial, especially as the evidence may effect either parties interest/motivation in making or accepting a plea deal. The bottom line is whether the judge will allow a late plea or not.
Answer Applies to: California
Replied: 1/10/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A plea bargain may be made any time before the jury comes to a verdict.
Answer Applies to: California
Replied: 1/10/2012
Rizio & Nelson
Rizio & Nelson | John W. Bussman
Possible, but the decision rests with the DA. When they feel like their case is more difficult than previously anticipated, they might offer a deal at the last minute. It happens, but I wouldn't count on it.
Answer Applies to: California
Replied: 1/10/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes, cases can be disposed of mid-trial or at any other time if new evidence is developed in any manner.
Answer Applies to: California
Replied: 1/10/2012
Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
Yes.
Answer Applies to: Illinois
Replied: 6/2/2013
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Plea bargains are often made during trials. Either side can make an offer to the other.
    Answer Applies to: California
    Replied: 1/10/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    A plea can always be reached no matter what stage you are in the prosecution. Some cases even settle for a reduction during jury deliberations.
    Answer Applies to: California
    Replied: 1/10/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes.
    Answer Applies to: California
    Replied: 6/2/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    The people are allowed to move to reduce the charges, and it is discretionary with the judge, but these days, judges [who are generally ex-DAs] let the DAs do what they want to in that regard. And, yes, bargaining can take place during trial, with judicial permission.
    Answer Applies to: California
    Replied: 1/10/2012
    Law Office of Richard Staff | Richard Staff
    Resolutions can be negotiated during trial at any time. Multiple defendant cases can resolve by one giving evidence against the other.
    Answer Applies to: California
    Replied: 1/10/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    The law does not limit when a plea bargain can be reached however I have known many judges that refuse to accept any plea agreements once the jury has been sworn. It is possible that a case would settle during trial however it is unusual. I would not count on settlement.
    Answer Applies to: California
    Replied: 1/10/2012
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