Long Beach, CA asked in Criminal Law for California

Q: If a criminal defendant makes a plea deal with the district attorney can the judge say no to the deal?

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4 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Yes but it's very, very rare. Were you represented by an attorney or a public defender? If so, ask them what can be done.

Robert Kane and David A. Simon agree with this answer

James L. Arrasmith
PREMIUM
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, in some cases, a judge can reject a plea deal between a criminal defendant and the district attorney. While plea deals are often negotiated between the defendant and the prosecution, the judge ultimately has the authority to accept or reject the proposed agreement.

A judge may reject a plea deal for various reasons, including concerns about the fairness of the agreement, the seriousness of the charges, the impact on victims, or if they believe the proposed sentence is too lenient or too harsh.

David A. Simon
PREMIUM
David A. Simon
Answered
  • San Diego, CA
  • Licensed in California

A: The answer is Yes. The judge has broad discretion to reject a plea deal. It's rare but can happen.

Robert Kane agrees with this answer

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: Yes, if a criminal defendant makes a plea deal with the district attorney the judge has the power to say no to the deal.

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