Quote:
Originally Posted by robot_parade
No, no, no.
A plea bargain is a deal between the defendant and the prosecutor. The defendant agrees to plead guilty, and possibly to other things, like testifying against an accomplice, the prosecutor agrees to the lessor sentence. The judge isn't involved in the agreement at all - he didn't agree to anything, and can sentence the defendant however he likes, within whatever guidelines apply.
|
But if the judge disagrees and voids the plea bargain, by law he is required to offer the defendant the right to withdraw the plea, which was not done in this case.