Q: What are my options when having a sentence determined by a judge? Currently negotiating a plea bargain with the state of FL. The state is offering a rather harsh deal and I’m curious about which way a judge could determine my sentence instead. Trial is not favorable, aside from the options of having an arrangement (which the state doesn’t need to agree too) or bench trial. In what way could I have the judge determine my sentence or, if possibly, modify the states offer ? Thank you.
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/what-are-my-options-when-having-a-sentence-determi-2388862.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
Best Answer
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Answered . You only have 3 choices:
1) Trial;
2) Accept a plea bargain offered by the State; or
3) Please straight up to the court.
In the case of #1, if you win then you walk out of the front door of the courtroom happy, but if you don’t then you get led out of the back door in handcuffs.
In the case of #2, just as no one can force you to accept the State’s plea offer the State cannot be compelled to make you an offer that you find more favorable. Your remedy is to elect not to accept what they have offered and to make a counter offer, which they are then free to accept, reject or themselves counter-offer. The plea bargaining process is sometimes a long-term negotiation and it doesn’t always break in the Defendant’s favor.
In the case of #3 you are gambling because it’s rare that the court will tell you how you will be sanctioned until after you have jumped on the sword. The Judge is free to sentence you anywhere in the guideline range, and that sentence could be below, above or on par with the State’s offer. Your lawyer should be familiar enough with your Judge’s tendencies and, based upon the relative strengths and weaknesses of your and the State’s cases, as well as considering any potential mitigation that you may have, should be able to advise you accordingly.
Remember that each case, each Judge, each prosecutor and each Defendant are unique and that each has their / it’s own interrelated set of variables which combine and make it difficult – even for a lawyer who is intimately familiar with the facts and players, much less us cyber-lawyers who are operating way on the periphery and know nothing more than your limited proffer – to responsibly make a prediction as to what “will” happen. (After all we are lawyers not odds-makers.)
I’m sorry but the best advise that I can give you is that you really need to have this discussion with YOUR (caps intentional) lawyer.
I hope that I have been helpful in answering your question.
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