How does plea bargaining work in criminal and VOP cases?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does plea bargaining work in criminal and VOP cases?
My son is in custody in Tampa on several non-violent charges: VOP (drug possessions), grand theft, tampering w/evidence. He is represented by a PD. His girlfriend called to say he is pleading out his cases. The State mentioned 20.7 years. Does that mean that is what the State is seeking, or is that the max sentence he could get, is that actually how much time he’ll get, or is the length of sentence up to the judge regardless of how much the State said?
Asked on June 23, 2009 under Criminal Law, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'm not a Florida lawyer, and the procedure can differ somewhat from one state to another. But in general, what happens in a plea bargain is that some of the charges are dropped or reduced, and the defendant pleads guilty to the remaining offenses. There is also an agreement, usually, that the prosecutor will recommend a certain sentence, although this isn't always the case.
Usually, the judge can either accept or reject the bargain, and if it's rejected, the case can go to trial instead. The tentative plea bargain can't be used as evidence against him, it can't even be mentioned if there's a trial. The sentence is limited by the charges that are left in the plea bargain, but often the judge is free to sentence the defendant to more than the prosecutor recommends, although it doesn't actually happen very often.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.