Charging and Plea Guidelines

Charging and Plea Guidelines
The following records dealing with Charging and Plea Deal Guidelines used by LSPD, LSSD, LSEMS & DPS used within ONX's San Andreas.Accurate as of December 2023ATTORNEY GENERAL’S OFFICE
STATE OF SAN ANDREAS
Date: 12-31-23
MEMO: CHARGING GUIDELINES AND PLEA NEGOTIATIONS
This document contains official guidance from the AG and DA’s Office related to the application of criminal charges and negotiating of plea deals for violations of the penal code or state statutes. Addendums to this memo may be attached as guidance evolves. If you have feedback or suggestions on this topic, please reach out to your preferred contact within the AG/DA’s Office.
The Attorney General and their agents are empowered to alter, or drop any charges that do not conform to these guidelines, but will not do so without explanation or communication with the arresting officer or agency before changes are made.
#Officers/Agents cannot negotiate plea terms which include the fundamental violation of individual rights:
##An Officer cannot exchange a benefit (less time, fine etc.) for access to an individual's phone or properties where the benefit is offered in a coercive manner. EX: Leveraging an investigative hold if the individual is not willing to consent to a search with time/fine forgiveness.
##An officer cannot exchange a benefit (less time, fine etc.) where the individual is encouraged to avoid seeking legal counsel or right to a fair trial.
EX: An Officer agrees to a specific reduction in time and fine if the person doesn’t call a lawyer, or if a bench trial request is discouraged/retracted.
#Officers shall avoid applying a charge that is inaccurate, or lacking sufficient probable cause.
##Do not charge something that you would not be absolutely comfortable arguing in front of a judge. That includes: forgoing evidence collection, leaving narrative or continuity gaps unexplained, or being over-zealous in your application of charges (charge stacking).
##Officers should avoid becoming emotionally invested in a particular outcome to an incident, or apply charges that are based on speculation, suspicion, or without sufficient evidence (witnesses, physical evidence, observation etc.).
#Officers should always utilize the proper negotiation selection when deviating from legislated jail time and fines. These negotiations are set by the Judiciary and are to be utilized in the appropriate situations. There is no limitation on what charges qualify for a reduction, but certain situations may call for a denial in time/fine reduction at the arresting officers discretion, or at the direction of PD Command:
## Violent situations where the victims are primarily identified as Civilians/Unrelated Parties or Government Employees.
##Where an individual repeats the same or similar crimes within a 72 hour period, or where the offender affirms his intent on continuously committing crimes under Miranda warning.
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