Legal Question in Criminal Law in Pennsylvania

How can I get option to open plea if DA won't approve

Linda,,your statement...First of all, he should have the option of an open plea before a judge but be careful of the parameters of the sentence without any agreement. I presume that the 4-8 is a result of a plea agreement with the DA's office. Under those circumstances, he can only appeal if his sentence is illegal or if it is not vountarily given. An inmate in the Pa state system, would be eligible for parole at half the minumum but it is rarely granted.

The judge seems much fairer. The DA said he only has to accept their offer of 4 - 8 yrs or go to trail


Asked on 4/29/07, 1:53 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: How can I get option to open plea if DA won't approve

I'm puzzled. This appears to be an answer to a previous question with a clarification of the question at the end to indicate that the Judge seems more willing that the D.A. to provide a lighter sentence. If I have the facts right, you should know that the Judge is not bound by a plea agreement. If it is a mandatory sentence, then your son will not be able to do any better than the D.A. is offering no matter how nice the Judge seems. But you should also be aware that "seems much fairer" is not the same as "is much fairer." Your son's attorney is in a much better position to advise him that any of us here.

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Answered on 4/30/07, 10:24 am


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