Plea Agreements. Part 3: The Court can reject the plea agreement, but it cannot change the terms.

The prosecutor is not obligated to make an offer. (Weatherford v. Bursey (1977) 429 U.S. 545, 561.) “[T]here is no right to a plea offer.” (Missouri v. Frye (2012) 566 U.S. 134, 143; Lafler v. Cooper (2012) 566 U.S. 156, 168.) A plea bargain requires the prosecution’s consent. (People v. Orin (1975) 13 Cal.3d 937, 943; see also Sanchez v. Superior Court (2002) 102 Cal.App.4th 1266, 1269 [cannot plead to a lesser included offense without the prosecution’s approval]; People v. Allan (1996) 49 Cal.App.4th 1507 [the court cannot dismiss charges over the prosecutor’s objection in exchange for defendant’s plea].)

A plea bargain is generally an agreement to limit the defendant’s penalty in exchange for a guilty plea. (People v. Cole (2001) 88 Cal.App.4th 850, 858.) A plea bargain occurs when the defendant admits to a lesser charge, or pleads guilty to some charges in exchange for dismissal of other allegations; any plea bargain is subject to court approval. (People v. Allan (1996) 49 Cal.App.4th 1507.)

When there is a plea bargain, the court can reject the agreement but it cannot change the terms of the agreement unless the parties agree. (People v. Segura (2008) 44 Cal.4th 921, 931; People v. Superior Court (Gifford) (1997) 53 Cal.App.4th 1333.) The court has no duty to accept a plea bargain. (Frye, at p. 148.)

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