Q: If a criminal defendant makes a plea deal with the district attorney can the judge say no to the deal?
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.
David A. Simon and Robert Kane agree with this answer
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
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.
A: It's best to have an attorney to advise you of your rights and the consequences of the plea before entering into any agreement with the DA. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: Have you ever heard of Roman Polanski? He had a plea deal worked out and the Judge rejected it and wanted to incarcerate him for a long time. He ended up fleeing the country and living in Europe for over 20 years. He was a well known director of movies, and married to actress Sharon Tate at the time of her murder by Charles Manson. Judges are not required to accept stipulations for plea deals, however, in most circumstances, particularly with minor offenses, they do so in order to streamline the judicial process in Criminal law. You can find Polanski's story on Wikipedia, it is long and detailed with many recognizable names from the entertainment industry. Given the facts that have come to light with cases like Weinstein and Crosby, the perspective is a little different than it was in the 1990's. For your personal situation, you need to discuss this with a competent attorney that specializes in this area. Thank you for using Justia, Ask a Lawyer.
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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.
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