Police officers, Lawyers anyone who slept at a Holiday Inn- need help - Page 2

[ARCHIVED THREAD] - Police officers, Lawyers anyone who slept at a Holiday Inn- need help (Page 2 of 2)

Posted: 2/21/2006 8:27:53 AM EDT

[#1]

Quoted:
Quoted:
He's an idot. The prosecutor doesn't have to offer him anything and doesn't have to reply to a counter offer. This isn't a negotiation at a used car lot. The meth dealer brings nothing to the table. The prosecutor is probably under some pressure to attempt to plea cases to reduce the case load but he/she is also governed by rules on what he/she can offer. That's not to say that the prosecutor won't negotiate, but they certainly don't have to.

In most cases, a judge will agree to the terms of a plea agreement. If the judge doesn't like it, the entire plea agreement goes out the window. The guilty plea is withdrawn and the sentence witheld until after the trial. A judge cannot accept a guilty plea as part of a plea agreement and then change the sentence in the agreement. It is just that, an agreement. It either goes or it doesn't.

I wasn't aware that throwing out a plea agreement it nullified the guilty plea. Forgive my earlier statement indicating the opposite. Hey...you learn something every day! Hopefully.

My post was to make MonkTx aware that although Judges usually take recomendations from DAs, that isn't set in stone and a Judge can nullify the agreement. This just happened in a case somewhere which I had heard about on Foxnews. Seems the perp was convicted of Child Abuse and the DA recommended an insanely light sentence. The Judge called bullshit and gave the guy the maximum sentence. At least there's one good judge out there!

in our state, if it is a negotiated sentence the judge almost always goes along with it.

re: the comment about getting a real lawyer, if you would read it the guy got the FORMER DA that is a step in the right direction! This is probably the reason the current DA is offering a deal! think about it.

He can't survive on probation as a druggie: but any sentence he gets will have probation, so what's the point in arguing about it? He WON"T get any better of a deal!

[ARCHIVED THREAD] - Police officers, Lawyers anyone who slept at a Holiday Inn- need help (Page 2 of 2)

General » General Discussion

Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.

Warning

Confirm Action

About AR15.COM

Stay Connected

Newsletter

Contact Us