Under the Graves Act, mandatory minimum sentencing occurs. For the prosection to be able to create a plea deal and dismiss a charge carrying this type of sentence, there are specific requirements.
Because the Graves Act crimes deal with firearms, courts are not too quick to dismiss charges. But the legal system has created three criteria for prosecutors to meet to be able to waive or dismiss a charge under this law during a plea bargain deal agreement to get the court’s approval.
Cooperation
The prosecution must say on the record that creating a plea bargain is the only way to move forward with the case. They must present a statement that without this deal, the defendant would not cooperate.
Proof
The prosecution must also present on the record that the evidence in the case is not enough to get a conviction. They can also state the likelihood of an acquittal is very high. Essentially, the prosecutor must admit he or she has no real legal basis for the charges, and the court would not find the defendant guilty.
Parole ineligibility term
The prosecutor must show the parole ineligibility term for the offense is a requirement or will be a requirement of the plea bargain. The term must be equal to that required under the law.
The prosecution does not have to prove all points to get a waiver of a charge. But they must show at least one applies to get court approval for the plea bargain. The court must approve any plea deal for it to go through. Without this approval, the prosecutor cannot make such an agreement.
