So...Roman Polanski.

[geerussell]

The judge doesn't make objections, the judge makes the sentence. In most cases he's not legally bound to accept the plea bargain and the defendant's admission of guilt is still valid even if he does not.

Judges can and do make objections. When a plea agreement is put in front of them with a sentencing agreement that they don't think is reasonable they don't normally wait until sentencing and ambush you. They throw the plea agreement back and tell the prosecutors to negotiate something more acceptable,.

Also, the judge isn't bound to accept any sentencing recommendation but if you plead down to a lesser charge and that specific, lesser charge is what you admit guilt to, then the judge is bound by that. He can't, for example, come back at sentencing and give you 25-to-life when you plead to a charge that carries a maximum of ten years.

In that sense, pleading down the charge absolutely does bind the judge as far as the worst that can happen.

[Glenn]

So is this about who watches more Law & Order?

[Uncle Mxy]

Also, the judge isn't bound to accept any sentencing recommendation but if you plead down to a lesser charge and that specific, lesser charge is what you admit guilt to, then the judge is bound by that. He can't, for example, come back at sentencing and give you 25-to-life when you plead to a charge that carries a maximum of ten years.

In that sense, pleading down the charge absolutely does bind the judge as far as the worst that can happen.

There's generally enough leeway on the maximum sentencing at the felony end where it doesn't matter what you plea to if a judge wants to fuck with you. Remember, stuff like serving sentences concurrently is at the judge's option...

What the sentencing guidelines are really for involves overturning. If you go outside the guidelines, the appeals court can take pity on you. If you don't, it's not possible to appeal the length of the sentence.

[Fool]

So is this about who watches more Law & Order?

Gla wins the thread.

My knowledge is almost totally L&O based.

[Uncle Mxy]

I only wish my knowledge of the legal system was obtained from TV.

[Glenn]

Mxy is so mysterious