In Massachusetts district courts, the vast majority of criminal cases are resolved by a tender of plea.
Occasionally during plea negotiations, the prosecutor will offer a “charge concession” in exchange for the defendant’s agreement to plead.
Under Rule 12 of the Massachusetts Rules of Criminal Procedure, a charge concession occurs when the prosecutor agrees to
- amend an indictment or complaint;
- dismiss, reduce, or partially dismiss charges;
- not seek an indictment; or not bring other charges.
If a charge concession is made and the parties agree on a disposition to the case (e.g., probation, jail sentence, etc.) they will fill in the required tender of plea form and check the box for a binding plea concession.
When the judge is presented with the tender of plea, he must either accept its agreed-on terms or reject it in its entirety.
Rule 12 provides that, “if (1) the parties enter a plea agreement which includes both a specific, agreed sentence and a prosecutorial charge concession and (2) the judge accepts that agreement, then the judge is bound to impose the agreed sentence.” See Report’s Notes for Rule 12 of the Massachusetts Rules of Criminal Procedure.