ANSWER TO OFFICIAL RESPONSE TO STATE’S PROPOSED PLEA AGREEMENT
The State submits this Answer in response to Defense Counsel’s objections regarding the proposed plea agreement.
At the outset, the State rejects any assertion that it acted improperly or sought to “sneak extra charges” into these proceedings. It is well within the scope of prosecutorial discretion to amend charges, add counts, or dismiss counts prior to the close of discovery. The procedural mechanisms of superseding indictments, informations, and amended pleadings exist precisely for this reason. The Defense Counsel’s argument that additional charges cannot be pursued after an arbitrary “72-hour window,” [which is to establish a base timeline for the clerks to move forward on scheduling,] is unsupported by law and demonstrates a fundamental misunderstanding of criminal procedure.
The State is deeply concerned that this lack of understanding, if left unaddressed, may place the Defendant in jeopardy and fail to provide the effective assistance of counsel guaranteed under the Constitution.
While the State declines to engage in personal attacks or inflammatory rhetoric, it respectfully requests that all counsel maintain the level of professionalism expected in these proceedings and avoid gross mischaracterizations of the State’s conduct.
The State remains prepared to proceed to trial or engage in plea discussions consistent with its obligations to the People of San Andreas and the fair administration of justice.
