based on this statement, can a juvenile still plead to a lesser charge?

Question

"One difference between the juvenile and adult systems is that the prosecutor does not make binding sentencing recommendations as part of a plea bargain. The judge has total discretion regarding the sentence imposed"

Sorry if it is vague

Answer 1

It actually makes sense. So, before I answer the question, let me give you some additional information about MOST states.

MOST states require that judges (at least officially) participate in settlement discussions, particularly in legal matters. Thus, while a prosecutor may recommend a sentence (either with or without a plea bargain), the judge may sentence the offender to any sentence within the range offered by the statute. Thus, at the time the defendant pleads guilty, the judge asks whether there were any promises or threats (ensuring that the plea is voluntary), and also informs the defendant that while the prosecutor may recommend a sentence, he is free to sentence the person to the maximum permitted by law.

Ok, that's the law in most states (some are different, so this is just an overview). SO what really happens? 99 percent of the time, the judge goes along with the plea agreement. Why? Because if the judge routinely ignored the agreement, there would never be any plea bargaining. Everyone would ask for a trial (even a one in a million shot is worth taking if the judge is going to sentence to the max every time). The system would quickly grind to a halt.

But wait. The prosecutor (and only the prosecutor), may reduce a charge. Thus, in a criminal case, the prosecutor may reduce a charge from (for example), armed robbery to simple robbery, and automatically cut the exposure (time in prison) in half. Thus, if there is a hanging judge, even the judge cannot sentence to more than the maximum time for the lesser charge.

Turning now to your question. In the juvenile system, there is a premium on tailoring the remedy to rehabilitation (as opposed to improsonment). So, the judge has far more discretion to try to do what is right.

Now, when you talk about a lesser charge, this again means that, even if he wanted to, the judge cannot sentence based upon the greater charge. It will also not look so bad on the defendant's record should there be recurrence.

However, it is perfectly true that a judge is not required to accept the recommendation of the prosecutor, the defendant, or a joint recommendation. He is permitted to do what he believes what is right.

Normally, the judge will follow the recommendation (else there would be no point to plea negotiations).

Thus, the answer is: the juvenile can plead to a lesser charge; the judge will probably accept the recommendation of the prosecutor, but is not required to do so.

As always, you should seek information from an attorney licensed in your state, skilled in juvenile law, for specific advice on the laws in your jurisdiction, and for an analysis of the specific judge involved.

Answer 2

Depending on the state, that may not even be a true statement anyway. In the states I'm familiar with, judges have total discretion over sentencing, within any applicable statutory guidelines.