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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.
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.
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.
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.
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.
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.
