Legal Question in Criminal Law in California

Illegal Pressure?

Recently my friend went to his pre-

trial hearing and was offered a deal

involving a fine and cal-trans work by

the prosecution, but rejected it

because of it's unfairness and

because of his will to be justified by

wining. Knowing that the offer was

made and rejected, the judge told my

friend and his lawyer in court that if

this case went to trial she wasn't

going to give him any cal-trans work,

only jail time.

Is it legal or lawful for a judge to say

this without even hearing the case?

Isn't this pressuring my friend into

taking the deal and not go to trial?

Doesn't the jury have the say as to

what my friend will serve or do if he

looses?

Thank you.


Asked on 2/07/08, 4:02 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Illegal Pressure?

Judges are well within their rights to do this. Besides, it's possible that the charges your friend is facing carry mandatory sentences; without knowing anything about the case I can't say whether he would even be elligible for an alternative sentence if he is found guilty as charged.

Juries only decide whether the defendant is guilty. They do not determine the sentence; that is part of the judge's job.

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Answered on 2/07/08, 5:10 am


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