Legal Question in Criminal Law in Florida

Cap on Plea Bargaining

Once a plea bargain is accepted and the attorneys go before the judge to submit the plea bargain, can the defendant request to have each side plea their case in an effort to have the judge decide on a different sentence without exceeding what has already been accepted?


Asked on 4/02/02, 7:02 pm

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Cap on Plea Bargaining

With an ordinary plea bargain, the judge is bound to accept or reject the exact terms of the bargain. However, the State may agree to a sentence of no more than a certain amount. I often get offers of probation with a "cap" of 6 months county jail. In that case, if the judge accepts the plea, he can give no jail time or up to 6 months of jail time.

Dan

Read more
Answered on 4/03/02, 9:21 am


Related Questions & Answers

More Criminal Law questions and answers in Florida