Plea bargains?

cepora · #1 05-03-2002, 08:54 AM

Hi. My son accepted a plea bargain, but hasn't been sentenced as of yet. My question is....will the judge most probably sentence him to the plea bargain or is it common for the plea bargain to fall through and he could get more time out of it? I am very new to this, so please bear with me. Thanks in advance for all of your help!

jennifer · #2 05-03-2002, 09:12 AM

I THINK IT ALL DEPENDS ON THE JUDGE, THE CHARGES,AND WHERE YOU LIVE. I KNOW IN MY CASE-JAY ACCEPTED A PLEA BARGAIN OF 4 MONTHS PROBATION-AND THE JUDGE GAVE HIM 6 YEARS IN PRISON!!! YET, I'VE SEEN CASES GO THE OTHER WAY TOO-WHERE THE DA WAS ASKING FOR ALOT OF TIME- AND THE JUDGE GAVE LESS TIME. IT'S A WAITING GAME-AND IT SUCKS!!! MY PRAYERS ARE WITH YOU-LET US KNOW HOW EVERYTHING WORKS OUT.....BYE FOR NOW........JENNIFER

**David** · #3 05-03-2002, 11:09 AM

What court system are you dealing with? I believe in most state systems that the defendant has a right to withdraw his plea if the bargain doesn't go through. In the feds though, this isn't the case. I could also be wrong about the state. It's been a while since I had to deal with them but that is what pops up in my mind. (texas)

David

Amelia · #4 05-03-2002, 05:53 PM

David you are right about the state system here in Texas..if the judge does not accept the plea bargain you can withdraw your plea.

jennifer · #5 05-04-2002, 07:19 AM

JUST A QUESTION THEN-IF THE INMATE TAKES THE PLEA BARGAIN-HOW IS HE SUPPOSE TO GET OUT OF IT WHEN THE JUDGE DOESN'T DECIDE UNTILL SENTENCING? BECAUSE JAY TOOK THE PLEA BARGAIN-OF 4 MONTHS-AND THE JUDGE SAID AT SENTENCING-NOPE-6 YEARS-AND IT SHOCKED EVERYONE!!! JAY DIDN'T HAVE TIME TO WITHDRAW-NOW HE IS APPEALING- WHAT WENT WRONG?

susan/ohio · #6 05-04-2002, 10:28 AM

Thats what happened to my son too. At the sentencing the Judge did not go with it at all and said three years. So ? I have yet to speak with my son's attorney because my emotions are running to high this week but on Monday I will give him a call and see why this happened and what we can do about it. My personal opinion at this time is that it is a money racket and I will just have to fork over more money to the lawyer who in my opinion is in cahoots with the DA and the Judge. Because most of the talk was done in the Judge's chambers (go figure) before sentencing they made us wait 45 minutes while they were in there discussing most likey their golf scores. This is the way the pre-trials went also. At the time I thought this was normal now I am not so sure.
What do you all think?
Susan

Budwoman · #7 05-06-2002, 02:36 PM

Oh, how I wish this were not the case, but in so many situations, it is. Keep on your lawyer.... Insure he stays on top of this and you know what is going to happen at sentencing..... Will you have any opportunity to talk with the Judge himself? If so, do it..... You are correct. Most of the Legal guys are great friends on the outside of court... Judges, D.A.'s and lawyers.... We have a lawyer in our County here in N.C. that we are trying to get disbarred. It has been a battle we have fought for over a year, but finally, I think it is going to happen soon..... He is an alcoholic attorney and has defended people on First Degree Murder charges drunk... We have enough proof not and it is in the Bar Associations's hands. Keep on fighting hon.... Don't give up.

Donna

Sexesweet · #8 05-06-2002, 05:10 PM

it matters by the crime and the judge i think.

Amelia · #9 05-06-2002, 06:58 PM

Susan-i your lawyer was having all these disussions in the judge's chambers he should have had a feel for what was going to go on and given your son a heads up about it....something doesnt sound all too right there.

KConnor56 · #10 06-08-2002, 03:25 AM

In calif your allowed to ask the judge for an indicated sentence which is saying if I plead guilty what will you sentence me to. I also believe here that if the terms of a plea bargain are not aproved by the judge you are allowed to withdraw your plea. This has me currious I'll do some research too & see what I can find

KConnor56 · #11 06-09-2002, 04:58 AM

Susan,

Regarding plea agreements I found some cases that address those same issues. I'll post them here.

US v. PATTERSON, No. 00-30306 (9th Cir. May 16, 2002)
In an appeal from marijuana convictions and sentence, 1) no double
jeopardy violation occurred where court vacated appellant's guilty
plea after it had been conditionally accepted, 2) government's
destruction of pots in which marijuana plants grew did not violate
appellant's constitutional right of access to evidence, and 3)
career offender sentence enhancement was not unconstitutional;
conviction and sentence affirmed on all other grounds.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/...h/0030306p.pdf

PS all these cases have good research of case law in them.

STATE OF FLORIDA v. SERAPHIN (05/16/02 - No. SC01-1344)
There is no per se rule permitting a defendant threatened with
deportation to withdraw his or her plea any time a trial court fails to
provide information under Florida Rule of Criminal Procedure 3.172(c)(8)
during plea colloquy; defendant must demonstrate that he or she was
prejudiced in the process by entering the plea from such failure.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/.../sc01-1344.pdf

US v CUNNINGHAM (05/29/02 - No. 01-1252)
Defendant's plea agreement demonstrates that he did not waive his right
to appeal the length of a supervised release term, but a sentence of
time served and two years' supervised release is affirmed because an
offense's classification does not turn on the applicable U.S.S.G. range.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/2nd/011252.html

38special · #12 06-09-2002, 10:56 PM

Ms. Cepora:
A plea agreement is suppose to be preset by your attorney and the DA which includes the sentence agreement. The DA is suppose to recommend to the judge a particular sentence. The judge usually accepts the DA's recommendation. Lastly, a plea of guilty waivers all rights of appeal............Sorry.

.............. 38Special

38special · #13 06-09-2002, 11:07 PM

Ms. Jennifer & Ms. Susan/Ohio:
I would have a long talk with your attorney for he was suppose to shield that type of railroad. He got his client's plea under false pretense. Remind him that his actions are definite grounds for disbarring preceedings. Afterwards, call the American Bar Association for a complaint form of disbarrment. Those guys sold you out to the sharks. Sorry...........38 Special........................................... .......

38special · #14 06-09-2002, 11:16 PM

Closing thought: A plea bargain is just what the words say. "I submit a plea of guilty for a bargain." The bargain is made through the two lawyers and the judge before the plea is submitted. Remember the judge reading from a piece of paper a long statement and line of questions toward the defendant such as : " Do you understand your plea ? Was your plea made by your free admission without coercion." You are the lawyer's client. He works for you and not the court..................38 Special................................