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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.
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∙ 13y ago
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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.
After the judge accepts a plea bargain that consist of less time to serve can the defendant have it change to an even lessor punishment like probation or Is the plea final?
a signed plea bargain agreement / is it permanent like a contract
Why would a judge a prosecutor and a defendant sanction a plea bargain?
A plea bargain is a 'deal' made between the prosecutor and the defendant. Judges have nothing to do with plea bargains - as a matter of fact judges don't even have to abide by them.
A suspect chose to plea bargain rather then have a trial?
This is always a 'chancy' decision. Even if the defendant and the prosecutor agree to the bargain they struck, the judge is not bound to agree with the bargained down plea. There have been instances in which judges have nullified the plea bargain and tried the defendant on the original charges.
Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
Can you take back a plea before sentencing?
Yes, You can change your plea before sentancing, just tell your attorney or the judge you want to change your plea, its your right to decide what you want, a plea bargain is just a bargain to lower your charges. have fun and good luck!
Is plea bargain fair on the victim?
Plea bargaining can be beneficial for both the victim and the perpetrator in some cases by avoiding the trauma of a trial and securing a quicker resolution. However, some victims may feel that plea bargains do not adequately punish the offender or provide them with the closure they seek. Ultimately, the fairness of a plea bargain to the victim depends on the individual circumstances of the case.
In California can you appeal a plea bargain for a misdemeanor?
You can file the motion and hold your breath - but - if the plea was the result of a plea bargain, essentially YOU agreed to the plea. How can you appeal your OWN self-bargained plea.
Can a judge prevent you from taking the plea?
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.
When its not appropriate to offer a plea bargain agreement?
There are several instances when it\'s not appropriate to offer a plea bargain agreement. In any case where there is sufficient evidence, then a plea bargain agreement should not be offered.
When can a federal judge refuse a plea bargain?
A federal judge can refuse a plea bargain if it does not meet legal requirements, if it is not in the best interest of justice or if the terms of the agreement are not fair or just. Judges have discretion to accept or reject plea bargains based on these factors.
How can you appeal a plea bargain I signed a plea bargain but now I have changed my mind and I don't wont to take the plea anymore. I would like to know what my options are.?
depends on the state. and whether or not the judge has signed off on it yet, generally before judge signs it you can say you don't want to take your plea and you want the right to a trial. It will also depend on the circumstances inducing you to take a plea. In any case you should definitely contact a lawyer. states vary on the ability to withdraw pleas.
