New Legislation Allows Accused to Suggest Lighter Sentences

As we mentioned, Guerra utilised the Plea Discussion and Agreement Act to negotiate with the prosecution for a lighter sentence. This case marks the first instance of a defendant employing this legislation to propose alternative sentences and charges. Guerra, with the assistance of his representative, Erin Quiros, initiated a novel plea deal under this act. We spoke with Quiros after the trial to learn more about the implications of this new legislation.

 

Erin Quiros, Attorney at Law

“So today was the hearing a hearing first of its kind. Actually, it was the hearing off a plea agreement that was entered into between the prosecution and the accused.  This hearing was made possible because of an act that was recently passed in June of this year. The criminal procedure plea discussions and plea agreement act was passed. And that act really provides an opportunity. I think it’s a good opportunity for the prosecution and an accused person to enter into discussions in order to maybe suggest alternate sentences, alternate charges, reduced charges. So parties are able to enter into discussions prior to trial to assist accused. The passing of the act really has assisted him and we’re hoping it will continue to assist other accused persons. Not only that, the benefits are to the court as well. The court indicated during the hearing while giving its judgment that the act has provided circumstances where there will be an alleviation of the backlog of cases that are currently before the court, thankfully. And really there, it’s not in every circumstance that a charge that has a custodial sentence should, the accused should be incarcerated. So this passing of that has allowed that to happen in this particular instance and it could possibly open the door for other accused persons.”