1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

How a Judge Views Plea Agreements as Part of the Criminal Defense Process

Posted on in Criminal Defense

If you've been arrested and charged with a crime, no doubt your criminal defense attorney will try to work out a plea agreement with the prosecution. Of course, each case varies and the circumstances surrounding your case are important when it comes to plea bargains and the like. However, just because your attorney and the prosecutor come to an agreement, that does not mean the judge has to accept it.

Evaluate Proposed Plea Agreement

The judge in the case will generally evaluate the proposed plea agreement before he accepts the terms. The judge will determine if the punishment is appropriate for the seriousness of the charges the defendant is facing. The judge will also consider the character of the defendant, as well as the defendant's prior criminal record.

Other factors the judge considers during the plea agreement evaluation include:

  • any underlying facts of the case
  • the victim's interests (although the court does not have to obtain the victim's approval to accept or reject a plea bargain)
  • the general public's interests

Judges decide on a proposed plea bargain by accepting or rejecting the terms of an agreement, or they can defer their decision until they've read the presentencing report. They can also accept the plea under certain terms, but reject the sentencing portion of the agreement.

If you have been arrested and charged with a crime, your defense attorney may work diligently to secure an agreeable plea agreement. For more information on how plea agreements work, contact us to set up a consultation.

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top