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Page 2 · column 4 of 9 · from the scan, no model involved
work before I could spend time on my own practice.
"I won’t try to mislead people by saying it will be two days a week or my work and three days a week on the county’s work. I’ve no way of knowing how many hours a week it will take to do the county’s work and the commonwealth’s and how many then I’d have left over for my own. My first obligation is to the county and the commonwealth and then if there’s extra time, that extra time is what is left for my private practice.”
—What is plea bargaining and when do you think it is justified, as commonwealth attorney, to plea bargain with a defendant?
Luke: “Plea bargaining is when the accused and the commonwealth get together and make an agreement. I can take various forms. It can be in the form of the accused entering a guilty plea to the offense charged or to a lesser offense in exchange for the commonwealth making a recommendation for sentence.
“The plea bargain is then presented to the court and it’s up to the judge then whether the plea bargain is going to be accepted. The commonwealth, in many cases, can only make a recommendation, for example, as to sentencing. Complete sentencing authority rests with the judge as does the authority to reject the entire plea bargain.
“When should plea bargaining be used? Plea bargaining can work for or against the commonwealth. It’s a tool the commonwealth can use and should use where there’s a defect or weakness
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