Can someone plea out for lesser charge if indictied as hubitual criminal?

Question

Can someone plea out for lesser charge if indictied as hubitual criminal?

Answer

If the prosecutor choses to do so, they can dismiss one of the enhancement paragraphs which will drop the bottom line of the sentencing to a lesser amount. It is completely up to the prosecutor (unless there is a problem with one of the enhancements and they cannot prove it up.) That said, some prosecutors' offices make it a policy not to drop enhancements in plea bargaining.