3 ms·
>Judges should have the right to look at any plea deal they suspect may be questionable... When a defendant changes their plea from guilty to either not guilty
by will_brown 10y ago
>Judges should have the right to look at any plea deal they suspect may be questionable...
When a defendant changes their plea from guilty to either not guilty or no contest pursuant to a plea offer, a Judge always hears the offer and has the authority to accept or reject the offer. Moreover, pleas are evidentiary hearings so evidence of mitigating/aggravating facts can be introduced to help the judge make their decision. Typically, the facts will be limited to simply enough to establish there are facts sufficient, that if true, would result in a conviction). However, if the Judge has a problem with it (thinks the sentence is to light or to heavy) they will usually request evidence to justify the deal.
In addition to what people typically think about when they hear plea (defense and prosecutor working out a deal), often times the two parties can't come to an agreeable deal, and the defense will opt for an open plea to the court, essentially bypassing the prosecutor's offer and asking the Judge for exactly what they want, and then allowing the Judge to again make the final decision based on the evidence offered at the plea hearing.