If it is necessary to conduct additional investigation, locate witnesses, verify alibis, etc., the assistant prosecutor may request the local police department to do the necessary work. Alternatively, the Monmouth County Prosecutor's Office Investigation Division may be asked to do the additional investigation. Plea negotiation has been generally accepted as a legitimate and respectable adjunct to the administration of the Criminal Justice System. At times, it is decidedly in the public interest, for otherwise, on occasion, the guilty would probably go free . . . If every criminal charge were subjected to a full scale trial, the State and Federal Government would need to multiply by many times the number of judges and court facilities.
Plea negotiations have a beneficial effect in avoiding disproportionate sentences.
Assuring the finality of the criminal process, avoiding unnecessary trials, protecting the rights of victims and the interests of the law enforcement community, and probably most important, preserving public confidence in the Criminal Justice System. The Office's policy on negotiated pleas requires that the assistant prosecutor consult with the investigating police officers and victims, if any, before a plea offer is extended. Although the assistant prosecutor is responsible for the ultimate decision as to what plea offer is legally and factually appropriate, that decision must be made with great deference to the opinions of the victims and investigating officers. The plea policy sets varying levels of approval which must be obtained before a plea offer can be made. Most offers can be approved by the trial team leaders, but more serious matters require the approval of the Director of the Trial Division.