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A judge cannot stop you from making a plea deal with the prosecutor, but he does NOT have to accept your plea to a lesser offense.
EXPLANATION: The prosecutor (with who you make the plea bargain) is a member of the EXECUTIVE BRANCH of government.
The judge is a member of the JUCICIAL BRANCH of government.
When the prosecutor makes the deal with you he cannot speak for the other branch of the government.
If the judge feels that the plea deal is too lenient, or that your crime was too heinous to be reduced, he does not have to accept your plea to a more lenient deal.
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If the defendant is offered and agrees to a plea bargain of twenty years but only if he or she takes the stand can a judge over rule the plea bargain by adding more to the twenty years?
A judge does not have to accept a plea bargain agreement. Normally, a judge accepts the agreement. The judge realizes that the defendant is taking a risk by taking the stand. Almost no judge would add anything to a sentence under that condition.
Can a judge enter a plea if the accused refuses to?
Yes, but only a not guilty plea.
Bernie Madoff Plea Agreement?
According to the media and to the judge that accepted his "guilty" plea, there was no plea agreement in place.
I signed a plea bargain but have'nt seen the judge yet.Can I still withdraw my plea?
Yes. Your plea of guilty would have to be accepted by the presiding judge, following a series of questions the judge will ask you concerning your plea offer and the fact that you're giving up your rights to a fair trial, that you have been explained by your attorney all the details of the plea offer, that if you're a non-US citizen or permanent residency you can be deported, and that you are pleading guilty because you are guilty (or it's in your best interest, a plea known as an Alford plea). If the judge is satisfied that you understand these ramifications they will accept the plea offer and then sentence you accordingly. If at any time before or during the above-mentioned questioning you want to withdraw the plea, you can do so. But once the judge accepts the plea offer and sentences you, you can't turn back.
Can you give me a sentence with the word plea?
The puppy's wordless plea invoked the desired response. The judge refused to listen to the prisoner's plea for justice.
If a defendment stands mute at the arranment what plea is entered by the judge?
Not guilty plea
When a plea agreement is made between the prosecutor and the defendant does the plea agreement stand as stated or can the judge change the sentence?
In most cases, the judge will honor the terms of the plea agreement as long as it is lawful and fair. However, the judge does have discretion to accept or reject the agreement or impose a different sentence if it is not in the best interest of justice.
If a prosecutor and defendant have to come to a plea agreement can a judge say no and force a trial?
In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
What is the most likely outcome of a pretrial plea of guilty in an embezzlement case?
If the plea is accepted, the defendant will normally be sentenced by the presiding judge.
Can a judge reject a submitted plea due to believing it is too high amount of years?
Yes a judge can reject a plea. They can adjust the sentence to fit the situation and the jurisdomatically. It may be subject to appeal, but not automatically.
How does a plea bargain benefit judge?
A plea bargain benefits a judge by avoiding a lengthy trial. It is supposed to be an agreement to a lesser charge in exchange for a guilty plea, however it has been usurped by prosecutors and judges who only agree to token reductions and often threaten accused with further charges or spousal inclusion in indictments if plea agreements are not signed.
Can a judge and a district attorney try to coerce a defendant in taking a plea bargain by threats of maximum sentencing?
The district attorney can certainly make an offer and say take the plea bargain or we will ask for the maximum sentence. He must feel the state has decent case, or that your attorney isn't going to be effective in your defense. Correction: While the district attorney may think that the defense attorney will not do a good job, it would be improper for him to base a sentencing recomendaton on that conclusion. A judge should be very careful about telling a defendant that the defendant will get the maximum if he is found guilty in front of this judge. If a judge wants to get the message across, he usually says things like: "Ask you attorney about the kind of sentences that might happen after trial." Or, "If you are found guilty, when I sentence you I will consider everything I know about you." A judge can say this: "If you do not take this plea, all plea bargaining is over. This case will be set down for trial and it will go to trial. You can then take your chances." Additional: When you accept a plea agreement, the judge is going to ask you if you were coerced into accepting the agreement. If you say that you were coerced, then the plea is dropped.
