Reminder on the Circuit Court Plea Rejection Bench Policy

The Court adopted the following policy with respect to plea agreements:

1. When a plea agreement pursuant to Rule 3A:8(c)(1)(c) is rejected by a judge, the identical agreement cannot be presented ot another judge since it is a matter already decided by the Court.
2. However, in the event that the parties make any material change to the plea agreement, it may be presented to another judge of the Court for that judge's consideration. It is up to that other judge to determine whether ta change is "material."
3. This policy does not apply to a plea that is rejected because it factually involves a legal fiction. Such pleas may be presented in their identical form to a different judge. 
4. When a plea agreement is rejected, the initial plea form should remain in the court file. 
5. Any rule 3A:8(c)(1)(c) plea agreement rejected by the Court is subject to the terms of his plea. If the defendant does not withdraw the plea, the case will be heard by another judge, unless the parties agree otherwise. In any event, once a plea agreement is rejected, and in accordance with Rule 3A:8(c)(4), neither party is bound by it. 
6. The Court expects both the Commonwealth and the defense to be prepared at the time of the plea to explain why a Rule 3A:8(c)(1)(c) plea agreement should be accepted by the Court.