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The district attorney can certainly make an offer and say take the plea bargain or we will ask for the maximum sentence. He must feel the state has decent case, or that your attorney isn't going to be effective in your defense. Correction: While the district attorney may think that the defense attorney will not do a good job, it would be improper for him to base a sentencing recomendaton on that conclusion. A judge should be very careful about telling a defendant that the defendant will get the maximum if he is found guilty in front of this judge. If a judge wants to get the message across, he usually says things like: "Ask you attorney about the kind of sentences that might happen after trial." Or, "If you are found guilty, when I sentence you I will consider everything I know about you." A judge can say this: "If you do not take this plea, all plea bargaining is over. This case will be set down for trial and it will go to trial. You can then take your chances."

Additional: When you accept a plea agreement, the judge is going to ask you if you were coerced into accepting the agreement. If you say that you were coerced, then the plea is dropped.

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Q: Can a judge and a district attorney try to coerce a defendant in taking a plea bargain by threats of maximum sentencing?
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Related questions

Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?

Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.


Why would defense attorneys like plea bargaining?

defense attorneys would opt for a plea bargain when the defendant is obviously guilty and a plea would lighten sentencing.


Can you take back a plea before sentencing?

Yes, You can change your plea before sentancing, just tell your attorney or the judge you want to change your plea, its your right to decide what you want, a plea bargain is just a bargain to lower your charges. have fun and good luck!


Can you renegotiate the sentencing terms of a plea bargain before sentencing?

Offhand, I would say, no, it is not. The prosecutor probably gave you the best terms he was going to offer up-front, and if you accepted them you probably have no more leverage on him to be any more lenient. Contact your attorney and ask.


How can you act on a defective criminal complaint?

Convince the district attorney to not prosecute. Hire a defense attorney to defend you in court. Flee to a country that does not extradite for the crime in question. Accept a plea bargain.


If you are charged with ten felonies and for a plea bargain plead guilty to one felony but then dont show up for sentencing can they withdraw the plea bargain or are they locked in after you plead?

It sounds like you committed another crime by not showing up, so it depends on the terms of the original deal. You really want to get to your attorney as soon as possible to see what can be salvaged here.Additional: Honest answer: You can talk to all the lawyers you want to, but it is extremely likely that you have abrogated the terms of your plea bargain by fleeing sentencing and it is very likely that you will "skate" a second time.


Should the nature of the crime affect the defendant's opportunity to plea bargain?

The DEFENDANT doesn't bargain for a plea. The prosecution offers YOU the opportunity, take it or leave it. And, yes, the seriousness of the offense CAN affect whether or not a plea is offered.


Why would a judge a prosecutor and a defendant sanction a plea bargain?

A plea bargain is a 'deal' made between the prosecutor and the defendant. Judges have nothing to do with plea bargains - as a matter of fact judges don't even have to abide by them.


A suspect chose to plea bargain rather then have a trial?

This is always a 'chancy' decision. Even if the defendant and the prosecutor agree to the bargain they struck, the judge is not bound to agree with the bargained down plea. There have been instances in which judges have nullified the plea bargain and tried the defendant on the original charges.


Should the nature of a crime affect the defendant opportunity to plea bargain?

Yes.


How do you use bargain in a sentence?

They tried to bargain a lower price at the flea market. The plea bargain helped to get a less harsh sentence for the defendant. i went to the shop and looked at this lovely vase it was only £20, i thought that was a bargain.


How frequently are cases settled by a plea bargain?

It happens rather frequently - however - for a "bargain" to be struck between the defendant and the prosecutor, the defendant usually must agree to give up something . . . or someone.