Plea Recommendation Request -------------NON COURT APPEARANCE ------- WHEN READY TO DISPOSE OF THE CASE ONLY!

 


REQUESTS FOR RECOMMENDATION -------------------------------------------- THESE ARE FOR THOSE NOT COMING TO COURT WHO ARE ELIGIBLE 

  1. Recommendation requests should include any documentations to assist the Prosecutor in making a recommendation, including any compliance documents.
  1. Defense counsel will receive a written recommendation from the Prosecutor the DAY AFTER COURT is held. The prosecution may not grant or issue continuance dates. It is the responsibility of defense counsel to notify their client of the change in court date. If the Defendant is represented by counsel all notifications will be sent to the attorney of record, not the Defendant.
  1. The prosecution may file the plea offer offered with the court. This filing would be open to the public unless otherwise ordered by the court for good cause shown. If the prosecution should choose to file plea offers with the court, the court may not take notice or make a decision until all parties have signed the plea agreement.
  1. The Prosecuting Attorney AND the Attorney of record must sign the plea agreement before the agreement can go before the Judge for final disposition pursuant to plea procedures in Rule 37.58. Payment on plea agreements will not be accepted until the Judge has accepted the plea agreement and a judgment is entered.

ACCEPTANCE OF THE PROSECUTOR’S RECOMMENDATION

  1. Acceptance of the Prosecutor’s recommendation by the Defendant and/or defense counsel when a court appearance is not required by order of the Judge, pursuant to Rule 37.57, must be paid in full PRIOR to the scheduled court date, including fines and costs. If the defendant is unable to pay the fines and costs in full, he or she is required to appear at the scheduled court date to arrange a payment plan with the Judge. This will not result the plea agreement being rescinded.
  1. If acceptance of the Prosecutor’s recommendation by the Defendant and/or defense counsel does require a court appearance, it is expected that defense counsel will be present at the scheduled court date. Failure to do so could result in the Judge being unwilling to accept the Defendant’s plea until counsel is present and/or a Show Cause Order being issued for the attorney to appear in court and explain to the Judge why he or she failed to appear with their client as instructed.
  1. Payment on a case disposed, pursuant to Rule 37.57, without a court appearance will not be accepted without a copy of the recommendation signed by the Prosecutor, Defendant, and/or defense counsel, and approval by the Judge pursuant to Rule 37.58.
  1. All payments of fines and costs are to be transacted with court personnel. The Prosecutor’s office will not accept any payments.
  1. Online payment options are available through Casenet. A copy of the recommendation signed by the Prosecutor, Defense counsel, and Judge must be filed with the Court prior to the Court accepting the online payment. In the event that a copy of the signed recommendation is not on file, the payment will be returned.

These requests will be filled out by the prosecutor within 2 weeks and sent back to the attorney for signature.