The state that this incident occured was the state of Kansas. My associate has 2 felony charges pending right now. I can't state what exactly because of privacy reasons. Just know that the D.A. has writtin a deal which states that they will run both charges concurrent and will do 5 years. My associate has NO PRIORS. He's a college student and working. He is between 19 and 22 years old. He never missed any court dates so far. The next court date is for a plea bargin conference which is in December. Nobody has signed the agreement deal yet because my associate's lawyer is shooting for a better deal than 5 years. At the end of everything, can the judge over look the D.A.'s deal and hand down a better deal?.. my next question is, how many times can the D.A. alter the deal that has already been written but not signed?..Please give accurate feed back..I seriously will appreciate it.. Thank you
2006-11-07 07:22:14 · 4 answers · asked by Just_Asking 2 in Politics & Government ➔ Law & Ethics
There's no actual deal until it is signed by all parties, which means the prosecutor has to sign it and your friend has to sign it too. A deal that has not been signed can be altered as many times as the parties feel like it, but once it's signed it's legally binding. As for the judge handing down a better deal, it's possible but not probable. I've never seen a judge hand down a more lenient sentence than that agreed upon by the parties in a plea agreement. Sorry to be the bearer of bad news, but I doubt your associate will do better than the plea agreement.
2006-11-07 07:28:07 · answer #1 · answered by sarge927 7 · 2⤊ 0⤋
Yes the Judge can hand down a "better deal" - or if he or she is unsatisfied with the deal the DA worked out - could make it a lot more harsher!!!
Its a roll of the Dice!
The DA can change or alter the deal as many times at it take until the final signing.
Good Luck.
2006-11-07 15:33:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, the judge can overturn a plea deal. He can also give your associate a STIFFER penalty than the one agreed to, if he so deems. The DA can alter an unsigned deal as many times as he wants... it isn't LEGAL until it is signed by all parties concerned.
2006-11-07 15:49:51 · answer #3 · answered by Goose&Tonic 6 · 0⤊ 0⤋
becuase you withheld information its hard to give an accurate assessment. but like the other guy said you can go back and forth with any deal till both parties sign. so depending on the circumstances the charges could be less or worse.
2006-11-07 15:33:36 · answer #4 · answered by Kamui VII 4 · 0⤊ 0⤋