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8 answers

No, it's up to the prosecuting lawyers to offer you a lesser charge.

It's effectively known as plea bargaining. You give something in return for the lesser charge.

2007-08-16 13:46:09 · answer #1 · answered by Glen B 6 · 1 1

The judge doesn't decided what charges are brought. The decision on what charges to bring is left to the discretion of the prosecutor.

If the judge decides that there is not enough evidence, he or she may dismiss a charge before it goes to the jury. Under certain circumstances, judges can even set aside jury verdicts in favor of lesser charges if the evidence warrants this type of decision. However, there is nothing compelling the judge to take any particular action based on the facts as you described them.

2007-08-16 13:51:07 · answer #2 · answered by Carl 7 · 1 0

NOPE!! It normally the District Attoney that asks the court to consider a plea, the defendant get to cop to a lesser charge in exchange for a guilty plea to save the court's time from a jury trial. There is never a guarantee of such an agreement before hand and if the D.A. is convinced he or she has you, guess what; you lose!!!

2007-08-16 13:52:03 · answer #3 · answered by oscarsix5 5 · 0 0

The Judge does not have the authority to offer a lesser charge. The Prosecutor makes that call. They usually only offer a lesser charge if they are not sure they can convict on the full charge and don't wish to risk a full acquittal.

2007-08-16 13:52:34 · answer #4 · answered by STEVEN F 7 · 0 0

No they don't have to unless there is a question about the value of the larceny. Usually one is charged under the proper statute before going to a jury trial. Would need all of the facts before giving a definitive answer.

2007-08-16 13:50:13 · answer #5 · answered by TURBOSC 3 · 0 0

No, this is up to the DA.

2007-08-16 13:48:51 · answer #6 · answered by Kathy 3 · 0 0

No

2007-08-16 13:45:39 · answer #7 · answered by Anonymous · 0 1

No he does not.

2007-08-16 13:52:03 · answer #8 · answered by Anonymous · 0 1

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