Virgil Smith Plea Hearing Part 1 03/28/16 | Summary and Q&A

TL;DR

Prosecutors and defense attorneys present arguments regarding the vacating of a plea agreement in the case of Senator Virgil Smith, with disagreement over the prosecutor's authority to remove him from office.

Key Insights

• 😄 Both the prosecution and defense are arguing about the validity of a provision in the plea agreement.
• 🧍 The defense believes the prosecutor exceeded their authority and wants the original agreement to stand.
• 😄 The prosecution argues that if the provision cannot be enforced, the defendant should be allowed to withdraw the plea and renegotiate.

Transcript

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Questions & Answers

Q: Why are prosecutors asking for the plea agreement to be vacated?

Prosecutors argue that since the court cannot enforce a provision of the plea agreement, the defendant should be allowed to withdraw the plea and renegotiate the terms.

Q: What is the defense's position regarding the prosecutor's authority?

The defense contends that the prosecutor exceeded their authority by demanding the defendant's resignation, and they argue that the court should uphold the original plea agreement.

Q: What constitutional principles are the defense referring to?

The defense mentions separation of powers and checks and balances, arguing that the prosecutor overstepped by assuming the role of the legislature and citizenry in demanding the defendant's resignation.

Q: What happens if the plea agreement is vacated?

If the plea agreement is vacated, the prosecutor can continue with the original charges and potentially add additional charges, including a more severe felony that carries a mandatory prison sentence.

Summary & Key Takeaways

• Prosecutors argue that if the court cannot enforce a provision of the plea agreement, the defendant should be allowed to withdraw the plea and renegotiate the terms.

• Defense attorneys argue that the prosecutor exceeded their authority by demanding the defendant's resignation and that the court should uphold the original plea agreement.

• Both sides present their views on constitutional principles and the separation of powers between the branches of government.