i read my presentencing report and i was recommended that i only get a fine and have to pay restitution. how likely is it that the judge will take that recommendation?? or will he sentence me to something different???
2007-01-25 12:53:17 · 7 answers · asked by sknight0385 1 in Politics & Government ➔ Law Enforcement & Police
In my experience as a probation officer, the judge usually accepts the recommendations from the PSR as written by the probation officer. We have standards of sentencing that we follow when we make recommendations, so the things recommended on your PSR probably follow those standards.
The judge will ask the defendant and the defendant's attorney if they have anything they would like to say about the recommendations, and also asks the prosecutor if he/she has any corrections or additions that he/she would like to make to the recommendations.
2007-01-25 14:00:27 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
It all depends upon if the recommendation in the Pre-Sentence Investigation is from a Plea Agreement or if it is the recommendation of the Probation Officer because your attorney and the State are going to argue your sentence at your hearing. If it is the result of a Plea Agreement then the only two options that the Judge has is to either accept ther terms of the Plea or reject it. If the Plea is rejected, then your guilty plea is tossed out and your not guilty plea is re-entered and you start over. If it is an argue sentence, then the Judge can go with the Probation Officer's recommendation, the Prosecutor's Recommendation, the Defense attorney's recommendation or he/she can come up iwth something completely on their own.
2007-01-25 13:24:08 · answer #2 · answered by siamsa_siamsa 5 · 1⤊ 0⤋
I think it would depend on the judge and also on the crime you committed. What was it that you did? If it was a more serious crime, he might opt to give you a more serious sentence. Probably not though. I don't think most judges will be more harsh than what is recommended for sentencing, but that's just my opinion.
2007-01-25 13:03:37 · answer #3 · answered by daphnerst 3 · 1⤊ 0⤋
The judge usually goes along with the recommendation of the prosecuting attorney
2007-01-25 13:02:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋
it will be base on the past sentensing for similar case.
Usually a judge will not sentence any one differently, unless it is for the purpose of maintaining a certain level law & order.
For example, increasing punishment for the purpose of making new laws to deter crime; the certain law & punishment not applicable or tally anymore; Additional preventive detention for criminal if he is a repested offence and did not show any sign of remorseful ...
If yours is a "rountine" case, don't have to think too much. Just accept it.
2007-01-25 13:57:42 · answer #5 · answered by limyc75 2 · 0⤊ 0⤋
It ALL depends on the judge. Are they nice? Are they having a good or bad day? Do they like your lawyer? And what kind of a judge they are. If it wasn't too big of a deal that you did, then maybe yeah.
2007-01-25 13:03:09 · answer #6 · answered by Shari 5 · 1⤊ 0⤋
he will follow it. he doesn't care.
2007-01-25 13:25:00 · answer #7 · answered by user name 5 · 1⤊ 0⤋