Does the judge have to offer a lesser charge during a trial like grand theft or petty and the jury decides?
Answers:
No, it's up to the prosecuting lawyers to offer you a lesser charge.
It's effectively known as plea bargaining. You give something in return for the lesser charge.
No
No, this is up to the DA.
No they don't have to unless there is a question about the value of the larceny. Usually one is charged under the proper statute before going to a jury trial. Would need all of the facts before giving a definitive answer.
The judge doesn't decided what charges are brought. The decision on what charges to bring is left to the discretion of the prosecutor.
If the judge decides that there is not enough evidence, he or she may dismiss a charge before it goes to the jury. Under certain circumstances, judges can even set aside jury verdicts in favor of lesser charges if the evidence warrants this type of decision. However, there is nothing compelling the judge to take any particular action based on the facts as you described them.
NOPE!! It normally the District Attoney that asks the court to consider a plea, the defendant get to cop to a lesser charge in exchange for a guilty plea to save the court's time from a jury trial. There is never a guarantee of such an agreement before hand and if the D.A. is convinced he or she has you, guess what; you lose!
No he does not.
The Judge does not have the authority to offer a lesser charge. The Prosecutor makes that call. They usually only offer a lesser charge if they are not sure they can convict on the full charge and don't wish to risk a full acquittal.
The first several answers are incorrect by virtue of being incomplete. If you are standing trial on a charge and there is some evidence supporting a "lesser included" offense, then the court, upon request, should instruct the jury that if they acquit on the greater (or cannot agree) then they may consider the lesser included offense. A lesser included offense is a offense that is included within the greater, such that the greater cannot be committed without also committing the lesser.
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