Can the Assistant Prosecutor approve plea-bargains?

Question

Suppose the Prosecutor is on vacation, can the assistant sign a sentencing paper or do you have to wait until he returns?

Answer 1

let me clear this one up for you. the assistant prosecuter is the assistant district attorney (not the little helper). he is for all intense and purpose the representative of the people, it would be the same as asking if a deputy sheriff can arrest you if the sheriff is on vacation.
as to a plea bargain - he can most certainly not object to it (since you have to keep in mind that a plea bargain has to be approved by the court - not the d.a.'s office- a plea is (officially) reached with the court and it is understood that both parties involved ( plaintiff and defendant) not object to the terms.
as to your question in short - yes any assistant district attorney is in a position to accept a plea bargain.

Answer 2

In most cases, Assistant Prosecutors are there to help with the work load. Unless specifically stated in the assignment for a case, they would have the full authority to prosecute and resolve the case. The prosecutor would not have to be on vacation for an assistant to be assigned a case. If it was a technically difficult or high profile case, the prosecutor would be kept fully briefed on how it was proceeding.

Answer 3

Yes he can, but remember that nothing is final UNTIL the JUDGE signs off on it. Even if the Assistant DA or even the actual DA approve it, the judge can still decide that the punishment isn't good enough and reject the offer the DA's office made. Also note that in some states anything you say even if only said as part of the offer can still be used against you if the judge rejects the offer.

Answer 4

That depends on your jurisdiction, and generally speaking NEITHER of them can approve a plea-bargain. The district attorney is the one who does such.

Answer 5

Depends on your DA system, if he signs it, then they are bound by it, he will know if he is or not.

In most places, the actual DA is not invovled in most cases, and the ast DA do all of the deals.

Answer 6

Yes they can ,with the d.a.'s signature, But that doesn't mean the judge has to except it. Be sure to get the deal from the d.a.'s office in writing!!!! (they do like to lie!!!)