Q: when a plea offer is accepted by the court, how does sentencing work? Will the judge ever give less time than the plea?
A:
Sentencing can vary depending on which court you are at and what charges you are faced with. If you want a specific answer to your question, please feel free to call or email us 48-935-6545 or zach@divellaw.com.
In misdemeanor offenses, it is common to accept a plea and then do the sentencing with the judge that same day and time. If the plea is a stipulated sentence (the prosecutor and defendant agree to a punishment), then the judge will not change anything. However, there are rare occurrences where the judge may add additional punishments such as community service, etc. At that point, you have the option of backing out of the plea and renegotiating with the prosecutor.
In felony offenses, it is common to accept a plea then do sentencing approximately 30 days later. If you are already in-custody then sentencing will still take place in 30 days. If you are out of custody, then you may be taken into custody that day and still have to wait 30 days in jail until you are sentenced. This depends on the crime and punishment under the plea. Similar to misdemeanors, a judge will not go lower than the plea offer. If the plea is "open" meaning there is a range of years in jail the defendant can be punished with then the judge will determine the sentence. The judge will give a lighter sentence if there are mitigating circumstances but the judge can also give a harsher sentence if there are aggravating circumstances. However, if the defendant and prosecutor have stipulated to a specific sentence then the judge cannot change it and if he does then the defendant can reject the plea and renegotiate with the prosecutor.
Either way, different courts and judges sometimes have different policies. It is smart to talk to a lawyer about any specific circumstances you may be worried about. Defense lawyers are also able to make certain requests for the defendant in order to allow them to stay out of custody or to delay sentencing.
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