Legal Question in Criminal Law in California

Re: Plea bargining

A plea bargain is an agreement between the defendant, the DA, and the court regarding sentencing. Often these agreements include lesser sentencing, reduction of charges, etc. A plea bargain is common in criminal court. Yes, a plea bargain can be made without the victim's consent. The victim is given the time and date of sentencing and is allowed to present testimony regarding sentencing. But the victims approval is not required.

Re: Plea bargining

A plea bargain is an agreement between the defendant, the district attorey and the court. Generally after the defendant and the district attorney agree on the charge and the plea the court will agree to a sentence that does not exceed a specified jail or prison term and/or fine. The judge normally wants to have a range over which the sentence may be imposed, such as a sentence to not more than 6 months in county jail. The victim is not directly involved in the plea bargain. However, the victim must be notified of the date, time and place of sentencing. The victim has the right to appear at the sentencing hearing and make a statement to the court. If the judge does feel that the agreed upon sentence is adequate, the defendant must be notified that the judge will not sentence with in the terms of the agreement, but will pronounce a certain sentence. The defendant must then chose to agree with the judges intended sentence or the guilty plea is set aside and the case returns to the status it had been before the plea bargain.