can he change his mind

[malk]

What is the name of your state? kansas

1# Can a county attorney after making a plea offer change his mind?
like if i havent said yet if i would take it or not( which i do want it).
He hasnt got back with my laywers yet and its been almost a month, and soon my court date will be here on the 3rd, i would think he would have by now said ok or something. So maybe he changed his mind?

2# can after a plea offer be worked out be over thrown by the judge? (like the jail time, which im looking at about 6 months).
wouldnt the judge go with the county attorney?

thanks for your time
malcolm

 

[racer72]

1. The prosecuting attorney has right up to your appointed court time to decide what they are going to do. And yes, they can and will change their minds a number of times.

2. Yes, the final decision always belongs to the judge.

 

[kensgrl4life]

I hope this helps

In the book I have here right in front of me reads...

"In many courts, prosecutors agree to recommend th bargained-for sentence without obtaining any explicit agreement beforehand from the judge. But the prosecutors know from past experience and the judge's reputation whether the judge can be counted on, as many can, to rubber-stamp the prosecutor's recommendation. If the judge rebel's or simply doesn't follow the track record, and imposes a harsher sentence than the one the defendant was led to expect, the defendant id usually allowed to withdraw the plea and reassert his or her right to go to trial. But if the prosecutor has made it clear that the judge might not accept the recommendation, and the defendant pleads guilty anyway, the defendant may be stuck with the judge's sentence. In other words, sometimes bargaining for the prosecutor's recommendation will produce a sure result other times it simply means that the defendant can test what the judge is willing to o: and still other times it guarantees nothing at all and risks a harsh sentence."

Another passage is......

"Question)
My attorney and the prosecutor made a deal in which I would plead guilty in exchange for a certain sentence. After I plead guilty. can the judge disregard the deal and gie me a different sentence?

Answer)
In many cases yes, though judges almost always rubber-stamp plea deals. Otherwise too many cases would have to be tried and judges would not be able to keep up with their caseloads. To make sure that a deal to plead guilty can be canceled if the judge refuses to go along with it, the defendant should make it clear that he or she will only plead guilty if the sentencing judge agrees to impose the agreed-upon sentence."

These Passage are aken from "The Criminal Law Handbook: know your rights, survive the system"

I don't know if this is what you were looking for but I hope it helps a little. This really refers to the judge changing his mind not the prosecutor.

Jeanie

 

[malk]

thanks

kensgrl4life............yes thats what i was looking for, thanks alot
malk

 

[I AM ALWAYS LIABLE]

Re: I hope this helps

In the book I have here right in front of me reads...

"In many courts, prosecutors agree to recommend th bargained-for sentence without obtaining any explicit agreement beforehand from the judge. But the prosecutors know from past experience and the judge's reputation whether the judge can be counted on, as many can, to rubber-stamp the prosecutor's recommendation. If the judge rebel's or simply doesn't follow the track record, and imposes a harsher sentence than the one the defendant was led to expect, the defendant id usually allowed to withdraw the plea and reassert his or her right to go to trial. But if the prosecutor has made it clear that the judge might not accept the recommendation, and the defendant pleads guilty anyway, the defendant may be stuck with the judge's sentence. In other words, sometimes bargaining for the prosecutor's recommendation will produce a sure result other times it simply means that the defendant can test what the judge is willing to o: and still other times it guarantees nothing at all and risks a harsh sentence."

Another passage is......

"Question)
My attorney and the prosecutor made a deal in which I would plead guilty in exchange for a certain sentence. After I plead guilty. can the judge disregard the deal and gie me a different sentence?

Answer)
In many cases yes, though judges almost always rubber-stamp plea deals. Otherwise too many cases would have to be tried and judges would not be able to keep up with their caseloads. To make sure that a deal to plead guilty can be canceled if the judge refuses to go along with it, the defendant should make it clear that he or she will only plead guilty if the sentencing judge agrees to impose the agreed-upon sentence."

These Passage are aken from "The Criminal Law Handbook: know your rights, survive the system"

I don't know if this is what you were looking for but I hope it helps a little. This really refers to the judge changing his mind not the prosecutor.

Jeanie

My response:

Jeanie, I presume you're a woman from your forum name. Anyway, you're helping a convicted wife beater. I know that wasn't your intent, and you obviously didn't know, but I hope you'll think twice about responding the next time "Malk" asks another question.

IAAL

 

[malk]

i think he works for the devil

kensgrl4life

dont listen to him, all he does in here is joke around and say rude things to people. he cant and will never help anyone , its a real shame too. his heart must be a black as a dead star, go look and see what all he says, i bet in his free time he knocks over retarded children just for fun.
what a loser.........i wonder if people in his life make mistakes does he treat them like he does here????? hmmmm
he thinks the world is a perfect place, were accidents dont happen...........again thanks kensgrl4life

malk

 

[I AM ALWAYS LIABLE]

Re: i think he works for the devil

kensgrl4life

dont listen to him, all he does in here is joke around and say rude things to people. he cant and will never help anyone , its a real shame too. his heart must be a black as a dead star, go look and see what all he says, i bet in his free time he knocks over retarded children just for fun.
what a loser.........i wonder if people in his life make mistakes does he treat them like he does here????? hmmmm
he thinks the world is a perfect place, were accidents dont happen...........again thanks kensgrl4life

malk

My response:

That's right. Don't listen to me. Listen to Malk, whose wife's face just happened to slam into Malk's fist, and then a hole opened up in that wall that perfectly fits his wife's head. Amazing! Broken eye orbit, broken nose, and broken cheek bone. I'm surprised she's still alive, Malk. Aren't you surprised?

Malk, when do you have to surrender yourself to the prison?

IAAL

 

[malk]

I AM ALWAYS LIABLE.......wow i guess your memory is as short as your............d.....k.
i said a poke to the eye, it was black, no broken bones at all, no wall damage(never even hit a wall). and no not my fist ..A FINGER
cant you read? you talk about my spelling but you cant read.
do you want to see the report? hers i mean? want to chat on the phone???? .
Now i pray you can remember the details this time.
With a memory like that your for sure to win cases....yep yep yep

 

[I AM ALWAYS LIABLE]

My response:

Malk, you're in a terrible state of denial.

This is why you were convicted, MalcolmX. This is why you're going to be spending two years behind bars. They don't sentence someone to two years behind bars for a poke in the eye, Malk.

You beat the ever-lovin' crap out of your wife/girlfriend, and you broke her eye orbit, her nose and her cheekbone. Please, stop being a liar.

Admit your crime. Hell, you already did once in court!

IAAL

 

[malk]

its ok i forgive you

sooooooooooo wrong ..........im done with you
but i'll pray tonight for god to touch your heart and take away all that blackness inside you

 

[I AM ALWAYS LIABLE]

Re: its ok i forgive you

sooooooooooo wrong ..........im done with you
but i'll pray tonight for god to touch your heart and take away all that blackness inside you

My response:

Don't give me that "God" crap, Bubba Boy! If anyone needs it, it's you! You're the "wife-beater". Damn, you nearly killed your wife, and you're saying that I need God?

Who the hell are you kidding, convict? You're gonna make some guy real happy, Malk. And, when you mess up, I hope he beats the crap out of you like you did to your wife. But, remember, those are going to be brick walls that your head gets splattered into - - not the paper and paneling like your trailer, when your wife's face went through it.

See ya around, convict!

IAAL

 

[malk]

how touching

I AM ALWAYS LIABLE
wow what wise words come froming from you. Cant remember details, cant give legal advice. Again i believe your a fake, no way someone who talks like you could be a laywer.
You have no faith either, i believe youd kill little animals with your bare hands if you could...........maybe theres no hope for you after all...........malk