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Asked by: Krastina Ros-Estella
business and finance recallsWhat happens if a judge does not accept a plea bargain?
If a judge rejects a plea agreement, theyusually must state a justification on the record. In other cases, ajudge may accept only certain terms of theagreement, while rejecting other terms, such as the proposedsentence. This is known as a partially negotiatedplea.
Also, can a judge not accept a plea bargain?
If the Judge Accepts the Plea Once the judge accepts the defendant's guilty orno contest plea and enters a conviction, that judgecan't later overturn the plea agreement. If thedefendant doesn't satisfy the conditions, the judgecan reject the plea and resentence thedefendant.
Also Know, why you should never take a plea bargain?
A plea bargain can also include the defendantpleading “nolo contendere,” or “nocontest.” This means that the defendant is not admitting ordenying the charge, but accepts a punishment because the evidencewould be enough to convict on the charge. Pleabargains can occur at any stage of the criminalprocess.
A judge may only throw out guilty verdicts. Hemay never overrule a jury that acquits a defendant and thenhimself declare the defendant guilty. Alternatively, a judgecan throw out a verdict for any mistake or malfeasance thatmight prompt a higher court to overturn it.