Legal Question in Criminal Law in California

in the state of california if a person is incarcerated and its gone as far as picking jurors, but that happens the D.A. comes to your atty. with an offer, you accept the plea bargain and you've already proven before this date that you hadn't had any prior strikes the offer stated to you is 32 months with half time you accept. the judge continues court for 1 month. now your back and your ready to be sentenced but the judge decides that he doesn't want to give you the offer you accepted a month ago, because the da and judge were hoping that they were going to be able to charge you ith a prior strike and you wouldn't then be eligible for half time credits, so they find out that you are eligible for half time credits. can the judge himself decide that he wants to pull back the offer of 32months with half time credits once you've already accepted there offer and were just waiting for the probation report to come in for sentencing. does the judge have that right once you accepted and are just waiting to be sentence and now the da and judge find out that you were right

in receiving half time and not just 1/3. can the judge not give you the credits what your entitled to and just go with 1/3 or not even accept the offer once it was given.


Asked on 6/18/11, 4:37 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Yes, as all plea bargains are made subject to approval by the judge. In the court system, the DA represents the complaining party to the case filed against you and the judge is supposed to act as a neutral figure who decides how matters will proceed, including sentencing. If the judge feels the sentence recommended by the DA is inappropriate, he/she can reject it. The DA should have told the judge that the recommendation was based upon the belief you had a strike against you.

Read more
Answered on 6/18/11, 6:18 am


Related Questions & Answers

More Criminal Law questions and answers in California