When considering whether to accept a plea bargain, it is important to understand that the judge has a significant role to play in approving or rejecting the terms of your deal. While you may negotiate an agreement with the prosecutor’s office, no bargain is final until ruled on by the judge.
There are a few things that you should understand about the role that the judge plays in your case.
A responsibility to assess the situation
While judges are not directly involved in negotiations between you and the prosecution, they have oversight to preserve your constitutional rights and verify that bargains are fair and ethical. They must step in if they believe you are facing undue pressure or misinformation leading you to accept an unsuitable bargain.
Discretion over accepting or rejecting the plea
Judges also have wide discretion over whether to accept or reject a plea bargain that you and the prosecutor present for approval. Even if you and the prosecution have agreed on a deal, the judge can decide the terms are inappropriate. Reasons they may reject deals include believing the sentence does not match the severity of offenses or that prosecutors failed to fully investigate the case before reaching a bargain. This means that the judge can change the sentence that you negotiate as part of the plea deal.
Knowing that judges have the final say should motivate you to negotiate reasonably. One-sided pleas are unlikely to earn judicial approval. Also, be aware that if a judge rejects your first deal, you may get a second chance to negotiate new, mutually acceptable terms.