Tie this in to why you should never talk to the police I was watching a TV show and yet again, the cops make a deal with the suspect. Funny thing is, I always thought it was up to the DA for filing charges and making deals. So what deals (if any) are police authorized to make and can be held to by a suspect? IRL, do police make these sort of “deals” such as offering manslaughter instead of murder 1 to play off a suspect’s ignorance?
None. They can recommend something to the booking DA, or note your cooperation in whatever they turn over to the prosecutors, but their job has nothing to do with deciding what you’re charged with.
Of course, they may state or imply otherwise; I know they’re allowed to imply otherwise and lie to you in certain respects, but if a cop tells you that you “will” get X, he is telling you that without basis and solely in order to prey on your fear.
They will also tell you that you can be convicted of X, even though there’s no way that’s possible, they can lie about the evidence or witnesses against you, and any number of other things.
Does it happen in real life? All the damn time. Getting you to do a cop’s job for him is a tried, true, valuable, and Constitutional investigative tool.
The hell they can’t.
They are certainly not authorized to make promises. The prosecutor is the one to approve pleas. However, in practice it all starts at street level. If police don’t bring in the evidence or present something to be charged, it won’t be charged. Police can and do overlook some things. They also contribute to overcharging when they get pissed off at a person. And the prosecutor can follow through with those over charges. I just love to see a judge put the prosecutor in their place when this happens, but it doesn’t happen often enough. The prosecutor often drops the overcharges as part of a plea and the perp ends up with nothing. I’m not carrying water for guilty people here. But people are sometimes treated unfairly/unequally and it can begin on the street and end up in the prosecutor’s office.
The police cannot obligate the state to a deal.
The police are free to promise anything they want (they are allowed to lie) and they may make an informal deal with you and just keep it between you and them. Once you are formally charged though it is the DA’s problem and nothing the police promise you will obligate the DA to anything (although they might play along if the police request it since they have to work closely so the DA will not want to step on their toes needlessly).
Its probably a question of turn over in the amount of cases that the system would be otherwise be taking to trial. As well, it would probably depend on the relationship between the cops and the DA.
Declan
They can’t offer plea deals but it seems like one deal they can make is to not charge a person at all, if they cooperate with something like turning in their boss or accomplices for example.
The question should probably stipulate what deal can they LEGALLY make, because I’m sure under the table deals and corruption happen all the time.
If a police officer has evidence that a crime has been committed, is there ever a circumstance that they are allowed to overlook it in order to obtain more critical evidence from the suspect in another crime?
I’m sure cops will threaten jail time if they feel someone has evidence they need and may offer to not bust them if they talk (or formally charge them with a lesser crime). The cops may well live up to that promise too (and probably do…police like informants). But they don’t have to. The DA is not beholden to their promise.
If you want immunity (or a deal) to avoid prosecution or lessen the sentence of a prosecution get it in writing from the DA first. At least if you want the deal guaranteed.
Don’t the deals also have to be approved by a judge?