The courtroom of Justice Candace Nanton witnessed the implementation of the new Plea Bargain Legislation today.
It's the case of Gerson Guerra, a Belizean laborer accused of attempting to murder his common-law wife in 2020.
Guerra pleaded guilty and was immediately sentenced. Attorney Erin Guerra explained:
Erin Quiros, Attorney
"This hearing was made possible because of a recent act that was recently passed in June of this year, the Criminal Procedure Plea Discussion and Plea Agreement Act was passed and that act really provides an opportunity for the prosecution and an accused person to enter into discussions in order to maybe suggest alternate, sentences alternate charges, reduced charges so parties are able to enter into discussions prior to trial to assist accused."
"He was accused with attempted murder and deadly means of harm and with the passing of the act he was able to plea to the lesser charge and fortunately were also able to agree. The prosecution and I were able to agree to a non custodial sentence given his circumstances. A lot of factors were taken into consideration the fact that he has gainful employment, he has a daughter that he currently maintaining, that was a major factor for the court and so the passing of the act really has assisted him and we are hoping that will continue to assist other accused persons, not only that the benefit are to the court as well. The court indicated during the hearing while giving its judgment that the act has provided certain circumstances where there would be an alleviation of backlog of cases that are currently before the court, thankfully, and really it's not in every circumstance that a charge that has a custodial sentence should,the accused should be incarcerated. So this passing of the act has allowed that to happen in this particular instance and it could possibly open the door for other accused persons."
"He's ordered to pay a fine and ordered to go to anger management courses and in default of that he will suffer incarceration."
"This is not an unusual order of the court. There have been circumstances prior to this where a court has ordered a fine not only to the government but also to the victims. So this is not something that is unusual, this just opens the door in relation to pleading to lesser offenses and coming to that agreement instead of going through a lengthy trial the parties are able to do that and save time and save court resources."
Guerra was sentenced to pay a fine of $1,500 to the government and $2,000 compensation to the victim and attend anger management courses as an alternative to jail time. The judge emphasized that this type of sentencing is not uncommon and that the new plea bargain legislation allows for quicker resolution of cases, saving time and court resources.
