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DA Made an Offer and The Judge Dismissed It Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by mellogrrl, Jul 1, 2008.

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  1. mellogrrl

    mellogrrl Law Topic Starter New Member

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    My daughter was arrested for drugs. The Da offered her four years typed and signed on paper; the Judge said the sentence was too lenient, saying she would accept nothing less than five and a half years. Was this legal? My daughter has a Public Defender who I believe has misrepresented her. Please help.
     
  2. jacksgal

    jacksgal Super Moderator

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    A plea bargain agreed upon by both sides Attorneys is not a contract! Its an agreement that a judge "must" sign off on. In this case he did not
     
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  3. lwpat

    lwpat Moderator

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    She has the choice of actually going to trial and taking her chances. She can withdraw her plea since the judge did not follow the agreement. The state will then have to prove their case beyond a reasonable doubt and she might get more or less if found guilty.
     
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  4. mellogrrl

    mellogrrl Law Topic Starter New Member

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    They would be able to prove it, she had drugs in the car. Quite a lot. I just don't understand how the DA can pitch an offer, she accepts it and the judge says no at the last minute. I think the DA was in on it. Now she is getting five years in prison and five years parole. This is her first offense, she was going to school (she was not selling in school) to be a cosmotoligist. I would think that shows she was not making a career out of it. Now my daughter has people calling her wanting to do interviews.
     
  5. jacksgal

    jacksgal Super Moderator

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    Both the DA and her Attorney do not run their plea plans past the judge first that would be illegal. Both parties wrongly assumed judge would sign off on it. He chose not to. Now they can go back and bargain some more or she can go to trial and get max!
     
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  6. mellogrrl

    mellogrrl Law Topic Starter New Member

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    I guess so. Thank you both for your responses. I have no clue what rights we have any more, the worst part is watching a kid throw their life away.
     
  7. helpme786

    helpme786 New Member

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    what did she do
    what drugs were found?
    how many?
    how old is she?
    does she have a criminal background?
     
  8. mellogrrl

    mellogrrl Law Topic Starter New Member

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    They did not involve the judge, they got the information they wanted from her, and then the public defender told the newspaper she was getting a four year sentence. The judge was in her chamber for three hours berating everyone from the assistant DA to all the lawyers. Then when my daughter appeared for court, the judge denied the offer saying it was too lenient and no one told her about the plea. I asked the lawyer why he didn't get permission from the judge and he said they don't operate like that.
     
    Last edited: Aug 17, 2008
  9. mellogrrl

    mellogrrl Law Topic Starter New Member

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    heroin and cocaine
    over 20 oz
    23
    No criminal background
     
  10. jacksgal

    jacksgal Super Moderator

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    Bottom line a judge does not have to accept a plea deal even if both DA and defendant agree
     
  11. mellogrrl

    mellogrrl Law Topic Starter New Member

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    So they can make the deal without the judge knowing the judge can withdraw the plea? Yet they get what they needed and then there are no cards left on the table. How is this legal?
     
  12. jacksgal

    jacksgal Super Moderator

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    Plea deals are arramged by Da and defendant or his/her Attorney. Plea deal is the presented to judge who can accept or deny it. How can that not be legal? The judge cannot be part of the plea process he can only rule on it
     
  13. mellogrrl

    mellogrrl Law Topic Starter New Member

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    I understand, but they got the information they wanted from her. They never presented the plea to the judge, not until the day she was to plead. Her lawyer had told her and myself that the deal written on a letter head from the DA could not be broken, that they had to enforce it. So she co-operated and then she didn't get her deal.
     
  14. jacksgal

    jacksgal Super Moderator

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    That meant neither the DA or her Lawyer could change it or alter it. "A''" plea deals must be accpeted by the judge. In most cases it is in this one it was not
     
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  15. mellogrrl

    mellogrrl Law Topic Starter New Member

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    Thank you for your help, I keep hoping I'll find the needle in the haystack.
     

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