Open Plea

[carsond43]

What is the name of your state? Texas
If one enters an "open plea", what role does the prosecutor then play? Is it not up to the judge for the answer?

 

[seniorjudge]

Q: If one enters an "open plea", what role does the prosecutor then play?

A: The prosecutor gives the facts to the judge.


Q: Is it not up to the judge for the answer?

A: What do you mean?

 

[carsond43]

I mean doesnt the judge have the final say in what happens as far as sentencing goes? Does the prosecutor have anything to do with sentencing?

 

[seniorjudge]

Q: I mean doesnt the judge have the final say in what happens as far as sentencing goes?

A: Yes.



Q: Does the prosecutor have anything to do with sentencing?

A: The prosecutor gives the facts to the judge.

 

[garrula lingua]

The Prosecutor can make a recommendation to the Judge, but the sentence is up to the Judge.
Some offenses have mandatory minimums and require certain terms of probation.

Open pleas are not usually good, unless you have a harsh Prosecutor or a known=to=be sympathetic Judge- the Judge can't change the charge (ergo, the mand. min); the Prosecutor can reduce, or dismiss.