If CI determines that a referral for plea trials would be in the best interest of the government, Criminal Tax (CT) Counsel will be contacted for pre-referral assistance to the question of whether: the plea agreement is concluded between the parties – the prosecutor and the accused. Although the victim is not involved in the criminal case and the prosecutor is not a tool in the hands of the victim to take revenge on the offender, the victim`s attitude towards the pleading contract remains important. First, it should be noted that the Supreme Court has repeatedly ruled that a criminal defence lawyer may waive many important constitutional and legal rights during oral argument. See UNITED States v. Mezzanatto, 115 pp. Ct. 797, 801 (1995); Tollett v. Henderson, 411 U.S. 258, 267 (1973); Blackledge v.
Allison, 431 U.S. 63, 71 (1977, cert. In accordance with this principle, the appelncies courts upheld the general validity of a waiver of the appeal decision in a fundamental agreement. See z.B. United States v. Allison, 59 F.3d 43, 46 (6th Cir. 1995); United States vs. Schmidt, 47 F.3d 188, 190 (7th Cir. 1995); United States vs. Attar, 38 F.3d 727, 731 (4. Cir. 1994), cert denied, 115 pp.
Ct. 1957 (1995); United States vs. Bushert, 997 F.2d 1343, 1350 (11. Cir. 1993), cert. refused, 115 pp. Ct. 652 (1994); United States vs.
DeSantiago-Martinez, 980 F.2d 582, 583 (9. Cir. 1992), amended, 38 F.3d 394 (1994), certificate refused, 115 pp. Ct. 939 (1995); United States vs. Melancon, 972 F.2d 566, 567-568 (5th Cir. 1992); United States v. Rivera, 971 F.2d 876, 896 (2d Cir. 1992); United States vs. Rutan, 956 F.2d 827, 829-830 (8th Cir. 1992).
The accused claim a less serious crime than the original charge against them. In the charges, they plead guilty to a set of several initial charges. In criminal negotiations, they plead guilty to agreeing in advance what sentence is imposed; However, this sentence may still be denied by the judge. In fact, at trial, the accused pleads guilty, but the prosecutor agrees to confirm or admit certain facts that influence the way the accused is punished under the criminal guidelines.