Most judges accept the recommendation of the prosecutor in a case because they are on the other side and if they say no jail then they are letting the judge know that they don't think jail is warranted. I have no idea what the abbreviations stand for. Report Abuse
Full Answer
Where I come from, this is not necessarily the case. I the judge does not like the prosecutor, that judge will not always do what the prosecutor wants. Some prosecutors are just pompous and arrogant and the judges do not like them. In these cases, the judge will do what the judge thinks is right.
Being a prosecuting attorney requires not only a passion for advocacy but an understanding that your position requires you to seek the truth; prosecutors are held to higher standards because of this. A prosecutor does not have clients in the normal sense of the word; our client is the community that we serve.
The prosecutor (also known as a State’s Attorney or State for short) is your opposition. A State’s Attorney is the agency that brings the criminal charges against you. The State is the entity that can decide to file more charges or reduce the charges against you. The prosecutor can also decide to drop the charges against you.
In court, the prosecutor presents the complaint against the defendant by making an opening statement, presenting the evidence and making a closing argument. If witnesses testify, the prosecutor cross-examines them. He can challenge evidence and witness testimonies. His job is to prove the defendant’s guilt beyond a reasonable doubt.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
the defendant's past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.
In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.
The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals. Either party may waive their opportunity to present a closing argument.
Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.
The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence.
In most states and in the federal courts, only the judge determines the sentence to be imposed. (The main exception is that in most states juries impose sentence in cases where the death penalty is a possibility.)
Writing a letter to the judge in a legal case can indeed influence the outcome of a case. The letter can offer the judge background information that will help him or her make the best possible decision and, in some cases, such letters can help victims and other affected parties make their voices heard.
FOUR THINGS TO REMEMBER TO WIN A COURT CASETell the Court Everything That It Wants to Know. ... Know the Facts and Questions of Law. ... Present Your Case Convincingly. ... Avoid Lengthy Unreasonable Arguments & Tiresome Cross Examination.
Going to trial also has several advantages. For example, going to trial buys the criminal defendant more time to prepare his or her defense and spend time with family before potentially going to jail. Going to trial and receiving an acquittal is the only way for an innocent person to have justice.
The jurors meet in a room outside the courtroom to decide whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty. All the jurors must agree on the decision or verdict – their decision must be unanimous.
A 402 Conference is where the prosecutor and the defense attorney obtain the Judge’s opinion on what a fair sentence would be. In addition to the above duties, it is the Judge that decides the law that applies to your case. The Judge also applies the law to the case.
What are a Judge’s Duties? A Judge is similar to a referee. The Judge does not file charges against you nor do they decide to reduce the charges against you . A Judge has several duties. First, he or she is to keep the case moving. He or she makes sure that the two parties (the prosecutor and the defense) do what they are required to do.
The Judge also applies the law to the case. Moreover, the Judge determines during a bench trial if a person is guilty or not guilty of a crime..
A defense attorney is the person that represents you in court. Just as the State of Illinois has an attorney in court trying to put you jail, a defense attorney is your advocate trying to get the case dismissed or to get the best possible disposition for you.
A State’s Attorney is the agency that brings the criminal charges against you. The State is the entity that can decide to file more charges or reduce the charges against you. The prosecutor can also decide to drop the charges against you.
The short answer is yes the judge can consider a letter. It should only be written at the direction of the attorney representing the person. The judge will be presented with a report prepared by the Probation Department which discusses in detail the persons prior history an criminal record.
The Judge can take such things into consideration but clear the letter with his attorney first.
Everything that you mention is relevant for sentencing, however you should speak with your attorney about the best way to present the information.The prosecutor's request is just one factor for the judge to consider.
The judge can but usually does not go lower than the prosecutor. Or higher, if he gets annoyed with you.
Do not write anything to the judge, discuss it with your attorney, and s/he will advise you on the best course of action.
Do NOT write anything to the judge. Talk to your attorney about your ideas and he will know how to present them.
Much more information is needed. But in most cases at sentencing, arguments like the ones you suggest can be made and the judges have SOME discretion to adjust a sentence. However with some crimes, depending on what you plead guilty to, may limit the discretion a judge can have to lower a sentence.
Most judges accept the recommendation of the prosecutor in a case because they are on the other side and if they say no jail then they are letting the judge know that they don't think jail is warranted. I have no idea what the abbreviations stand for. Report Abuse. Report Abuse.
Are you represented by an attorney? If not, you should at least consult with an experienced criminal lawyer before accepting any plea. An attorney familiar with the particular judge will be able to tell you how likely that judge is to accept the prosecutor's recommendation. Each judge is different. Usually they are inclined to accept their recommendations and don't normally go higher. But I've seen it go both ways, but it's more rare. But that's my experience with the judges I'm familiar with. That's why you need to consult with someone in your area who can give you a more specific answer. Normally an offer of no jail is a decent deal, but no way could I or anyone say for sure if it's appropriate without reviewing your case and the evidence against you.
The first time the defendant appears before the court, which is called the arraignment, the prosecutor recommends a bail amount. He could also recommend denying bail if he feels the defendant should be kept in jail. He prepares the case against the defendant and is required to notify the defendant of the evidence, ...
In court, the prosecutor presents the complaint against the defendant by making an opening statement, presenting the evidence and making a closing argument. If witnesses testify, the prosecutor cross-examines them. He can challenge evidence and witness testimonies. His job is to prove the defendant's guilt beyond a reasonable doubt.
The prosecutor represents either the local, state or federal government. It's his job to seek truth and justice, not to get the defendant convicted. However, a prosecutor is often judged by how many convictions he gets.
Judicial Discretion in Evaluating Plea Deals. A judge has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
Other factors to consider include: the underlying facts of the case (or factual basis for the plea) the interests of the victim (although a court can accept or reject a plea agreement without the victim's approval), and. the interests of the general public.
To evaluate a proposed plea bargain, the judge must know all the terms of the deal, including any future conditions or unusual aspects. For example, if Donnie Defendant is offered a lighter sentence in return for future testimony against a codefendant, the parties must make this condition clear to the judge when presenting the terms of the plea. Similarly, the parties would have to inform the judge if there is anything unusual in how he is to complete his sentence—for example, if the terms of the plea require him to perform 600 hours of community service, but only on weekends.
A plea bargain (or plea deal) occurs when the prosecution and defense negotiate and agree upon the appropriate resolution of a criminal case. There are several types of plea bargain (see What are the different kinds of plea bargaining? ), but no agreement is binding until the parties present it to a judge who approves it.
Once the judge accepts the defendant's guilty or no contest plea and enters a conviction, that judge can't later overturn the plea agreement. However, when the parties agree upon a negotiated plea that requires that the defendant perform certain conditions, the court retains jurisdiction until the conditions are satisfied.
suggest that the defendant plead without a negotiated agreement (if, for example, the judge is inclined to give a lighter sentence than the plea deal calls for). In some jurisdictions, if the prosecution and the defendant agree to a sentence and the judge accepts the negotiated plea, that judge must accept the entire agreement, ...
While plea procedure varies from judge to judge and jurisdiction to jurisdiction, judges must always decide whether to accept the plea terms before the defendant actually enters the plea. When judges decide on a proposed plea bargain, they may be able to: defer the decision until considering the presentence report.