Legal Question in Criminal Law in California

A man goes out and murders five people but when caught, he denies being the murderer. However, after being aware of the all the evidence against him and not wanting to run the risk of being found guilty in a trial and possibly getting the death penalty, he decides to plead guilty in exchange for getting life in prison.

Does this prevent the prosecutor from telling the person that he's not going to accept his plea of guilt and is going for a trial and will seek the death penalty? Or, can the prosecutor also say to the person that even if he does plead guilty, he's not going to go along with life in prtiswon and is going to ask for the death penalty?


Asked on 4/03/11, 6:13 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

The prosecutor is the one who decides what charges he is going to try the person on [unless he goes to the grand jury for an indictment, then they decide what the charges if any will be]. The Defendant can not decide what the charges are; he only decides if he wishes to accept the offer, if any, from the DA. The judge then decides if he/she will accept the plea bargain. Few people are executed anymore, but someone who has murdered 5 people is likely to get the death penalty.

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Answered on 4/03/11, 4:15 pm
Anthony Roach Law Office of Anthony A. Roach

To answer your question, entering a voluntary plea of guilty does not prevent the death penalty. That is usually arranged through a plea deal, in which one of the terms is that the DA will not seek the death penalty.

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Answered on 4/03/11, 6:18 pm


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