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Why would a judge a prosecutor and a defendant sanction a plea bargain?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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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.
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.
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.
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 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.
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.
Can a defendant waive his or her right to trial by jury?
Yes. A defendant can usually can choose to have a jury. Some states however have a minimum amount below which there can not be a jury. The break off point varies. In some states it is no jail time. In others it is below $ 2,500. You will need to check for your state.
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 purpose of a plea bargain?
Its a criminal law term used to define the process in which the accused agrees to plead guilty to a lesser criminal offense in which they were originally being charged with....in essence you bargain for a lesser charge in exchange for pleading guilty to the lesser offense. A plea bargain, also known as plea agreement, plea deal or copping a plea, is when a defendant agrees to plead guilty in exchange for a reduced sentence.
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
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.
Are you convicted if you plea guilty?
Yes. It's called a plea bargain or a nolo contendre plea. Meaning that you do not contest the investigating reports that place you as the suspect of a crime. Instead of being heard in a jury or judge trial setting to be convicted, you go directly to a sentencing trial.
