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Thread: So...Roman Polanski.

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  1. #31
    Quote Originally Posted by Fool
    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.
    Last edited by geerussell; 09-30-2009 at 05:26 PM.

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