Binghamton, NY asked in Criminal Law for New York

Q: If you made a plea bargain with Attorney and DA can a potential Probation Officer over rule plea bargain?

I went in for my interview, nervous as heck and she told me she has the right to overrule Judge, DA, and Attorneys is this correct?

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1 Lawyer Answer
Michael D. Litman
Michael D. Litman
  • Criminal Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: Probation officers can make recommendations, but they don't overrule the judge. You should speak to your attorney directly about this to see how your judge handles the recommendations of the probation officer in the pre-sentencing report. If the probation officer writes in the report that she does not think that you are a good candidate for probation, and recommends jail instead, the judge can consider that. Speaking to your attorney will be the best way for you to find out information about your specific case. Good luck!

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