Federal Crimes Blog

Does The Judge Have Any Input Into A Federal A Plea Agreement?

Posted by Hedding Law Firm | Jan 10, 2020

Where the judges' power is in a federal case is at the sentencing. The judges have complete discretion, tempered by the sentencing guidelines. Prosecutors are the ones who control what the charges are that are filed against the defendant.

Judges don't usually interfere with the charges or with a plea agreement, unless they believe it is unfair. In that case, the plea would either have to be changed or the case would have to go to trial.

Are Plea Bargains Available In All Federal Cases?

Typically, with someone who has got federal charges against them, their case is set for trial and there are limited ways to resolve that case. You can either enter into a plea bargain with the federal government, plead open to the court and let the court decide what the sentencing is, plead guilty to all the charges, or take the case to a jury trial and let the jury decide.

Another possibility would be to do a court trial and let the judge decide whether or not a particular defendant is guilty or not guilty. Most cases are being resolved by way of a plea bargain between the government and the defense.

Does The Judge Have Any Input Into A Federal A Plea Agreement

Once you appear in court, the bail/bond issue is dealt with, and you're assigned to your judge for all case purposes. That judge will have certain rules.

Those rules are probably going to dictate the time limit. If the case is set for trial within 30 days and that trial date is approaching, the government will set the parameters to have time to prepare for the trial.

Sometimes, these cases are gigantic, with thousands of pages of discovery. In that case, the government and the court will have to give the defense enough time to review everything and go over it with their client so they can decide what moves they will make. Usually, the government offers a plea bargain and sets the timetable.

What Constitutional Rights Am I Giving Up By Accepting The Plea Offer?

In a federal case, you have the right to take the case to trial and have a jury. That is the biggest right that you're giving up, if you accept some sort of a plea bargain. Beyond that, you have a whole host of constitutional rights that they will want you to give up.

You could testify on your own behalf. You could present evidence on your own behalf. You can litigate a trial. You could object to the prosecution's evidence. You have the right to do a whole litany of things when you're charged with a federal crime, which you have to give up to take a deal in the case.

Why Should I Hire A Federal Defense Attorney If I Plan to Plead Guilty?

Pleading guilty does not dictate what your sentence is going to be. Figuring out what to plead guilty to is important, and figuring out whether you want to plead guilty or go to trial is something you want to discuss with a criminal defense attorney.

You also want to discuss whether to file any motions with a criminal defense attorney. Your attorney will be entitled to submit a sentencing memorandum on your behalf.

This points out any downward departures that may impact your sentence and any other special facts related to you, like your family circumstances, the fact that you might have been a minor player in the case, or the fact that you accepted responsibility early.

A whole host of things can be utilized to get you the lowest possible sentence. If you decide to cooperate with the government, you would want to do that through an attorney to get the most benefit out of it and the lowest possible sentence.

The attorney is the one who is going to be your champion and argue the federal sentencing guidelines. You're up against a government that has a skilled attorney, whose job is to try to punish you, and you won't agree with the punishment they want to give you. The only person between you and that punishment is your criminal defense attorney.

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