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If a prosecutor and defendant have to come to a plea agreement can a judge say no and force a trial?
Wiki User
∙ 16y ago
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.
Wiki User
∙ 16y ago
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Can a Prosecuting Attorney force an individual to go to trial when the Prosecutor has confessed to the Defense Attorney that he has no evidence to convict in Little Rock Arkansas?
It's not simply a matter of the prosecutor "forcing" the defendant to go to trial. He may have a legal reason for doing so (e.g.: The Prosecutor may want to force the case before a judge and by presenting a weak case, force the judge into dismissing it). Maybe.....???
What parties are involved in a criminal case?
In a criminal law case there are 6 parties involved. These parties include the victim, the defendant or suspect, the defense attorney, the prosecutor, the judge, and the jury.
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.
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.
Who is a special public prosecutor?
One who prosecutes special offenses or in special situations. For example it could be that the Defendant has a conflict of interest with the prosecutor's office, judge, or other person involved in the case.
What happens if a prosecutor does not hold up his end of the plea agreement and the Judge does not give credit for time served while waiting trial and another 10 months is added to sentence?
The judge is NOT required to abide by any deal the prosecutor may make with you. Whatever deal you made with the prosecutor is NOT binding on the court. The judge can accept the plea deal that prosecutor made with you, or he can reject it.
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.
When you sign a plea agreement which is a joint suspension can you still do jail time or only if you catch another case?
That is entirely up to the judge. The court is not party to a plea agreement and the prosecutor cannot guarantee what kind of treatment you will receive in court. Personally I have seen judges throw out plea agreements and try the defendant on his original charge.
Can you negotiate a sentence if you plea no contest to simple assault?
Under a no contest agreement, a proposed sentence between the prosecutor and defendant's counsel is reached and presented to the presiding judge. The judge has the final say.?æ The chance of doing some jail time is likely if the defendant has a criminal record. On the other hand, the defendant can escape jail time, if there is no prior criminal record.
Can a defendant in a divorce put a purchase agreement on a house but not close on the house until the judge finalizes the divorce?
Yes
Who is present in the courtroom?
In a typical courtroom, you will find the judge, the prosecutor, the defense attorney, the defendant, witnesses, the jury (if it's a jury trial), court staff, and spectators.
Can the District Attorney or Prosecutor drop its case after a judge set a court date?
Yes, if the DA pr Prosecutor determines that the case is not a proper or winnable case, he may request a dismissal even after a trial date has been fixed. (And the defendant would be thrilled).
