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When its not appropriate to offer a plea bargain agreement?
There are several instances when it\'s not appropriate to offer a plea bargain agreement. In any case where there is sufficient evidence, then a plea bargain agreement should not be offered.
Can a plea agreement be changed?
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
Does Bernie Madoff have to go directly to jail or report at a later date?
Bernie Madoff has been in jail in the Metropolitan Correctional Center in Manhattan, NYC since last Thursday. His lawyer's appealed the judge's decision not to allow Madoff to remain free on bail subsequent to his guilty plea but prior to sentencing. This is common once a person is either found guilty or pleads guilty, since prison is inevitable and the person might try to flee. Even though the risk of Madoff fleeing was relatively small, considering there was no way he would be able to board an international flight or overseas voyage, the judge felt there was no reason not to incarcerate him immediately even before the actual length of the term was not yet known.
When a plea agreement is made between the prosecutor and the defendant does the plea agreement stand as stated or can the judge change the sentence?
In most cases, the judge will honor the terms of the plea agreement as long as it is lawful and fair. However, the judge does have discretion to accept or reject the agreement or impose a different sentence if it is not in the best interest of justice.
What does open plea mean?
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
An agreement between the prosecution and the accused to agree to a lesser charge is known as?
Plea bargain.
Can a person retract a plea agreement within forty eight hours after the hearing?
Any plea, including one made as a part of a plea agreement, can be withdrawn up until the moment the judge enters the disposition (guilty/not guilty) at trial.
Should you enter a not guilty plea at an indictment hearing if you haven't had a chance to discuss a plea agreement beforehand with your attorney?
no
If a prosecutor and defendant have to come to a plea agreement can a judge say no and force a trial?
In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
How do you have pending charges dropped after signing plea?
To have pending charges dropped after signing a plea agreement, you typically need to withdraw your plea or have your attorney file a motion to withdraw the plea. You would need to provide a valid reason for withdrawing your plea, such as new evidence or a procedural error. It's important to consult with your attorney to understand the specific steps and requirements in your jurisdiction.
If you take a guilty plea for 25 years are you eligible for parole?
Parole eligibility is a matter of sentencing provided it is not specifically mentioned in the plea agreement. Keep in mind that the written plea agreement is only as binding as the courts allow. If the judge agrees to the plea as it is written, it is binding, so get the language you want into it before it goes to court.
When excepting a plea agreement for felony charges must you go into custody that day or wait for a final sentencing day?
If the plea agreement consists of jail time, you would be remanded into state custody for the remainder of the trial.
