Can a Judge Reject a Plea Deal?
A plea deal is how an overwhelming majority of all criminal cases are settled. A plea deal is a bargain that is reached between the prosecutors and your attorneys, signifying the end of proceedings against you. The deal will typically require that you plead guilty to the charges against you, in return for lesser charges being filed, or in return for reduced sentencing.
However, the deal can only be finalized when the judge approves it. In many cases, the judge may approve of the appeal deal. However, in some cases, the plea deal may simply be rejected.
There are several provisions in a appeal bargain that a judge may simply not agree with. For instance, if the plea-bargain has accounted for a reduced sentencing for the defendant, the judge may not agree with reduced sentencing. He may base his decision on a number of pieces of evidence, including the statements of victims and their family members. If the victims or family members are not in agreement with the terms of the plea bargain, the judge could decide to reject the deal.
In other cases, the judge may find certain outcomes of the investigation report that call for a rejection of the plea bargain in its current state. The judge may also decide to consider the defendant’s prior criminal history, and if there are serious criminal convictions on the record, this may cause the judge to reject the plea deal.
Deciding whether to accept a appeal bargain can be tricky. In many cases, Denver criminal defense attorney find that plea bargains are the most favorable way to get a positive outcome for defendants. In other cases, especially those in which your Denver criminal defense attorney believes that your rights are best protected by going to court, and getting acquitted, he may advise you to go to trial.