Can I Get More Jail Time than the Prosecutor Recommends?

There are many reasons why you may consider a plea agreement. If you fight the charges and you are found guilty, you may receive a stiffer sentence after a conviction. Your agreement is to plead guilty, either in exchange for lesser charges or the recommendation of a lesser sentence. Prosecutors can make a recommendation, but they cannot actually impose a jail sentence. That job falls solely to the judge.

The court would need to review the plea agreement between you and the prosecutor. All the prosecutor does is make a sentencing recommendation to the judge. The court is not bound by the terms of the plea deal. The judge still has discretion when it comes to imposing a sentence.

Once you have reached a plea bargain, the judge may hold a hearing in court. The judge wants to know that you understand the ramifications of a guilty plea and that you have full awareness of what you are doing. The judge wants to know that you are pleading guilty of your own volition and are not forced to do so. 

The Judge Ultimately Determines the Length of the Sentence

Then, the judge would hold a sentencing hearing to review the prosecutor’s recommendation. In many cases, the judge would accept the prosecutor’s recommendation and sentence you in accordance with the terms of your plea deal.

However, the judge may also want to hear from you and from the alleged victim. The judge may consider things such as the impact on the victim and the level of remorse.

There are times when the judge may decide to give a sentence that is higher than the recommendation. They are entitled to rely on their own opinion of the gravity of the offenses and whether the proposed jail sentence is an adequate punishment. In some cases, the judge may give a stiffer sentence when they think that a defendant has gotten a “sweetheart deal.”

While a judge has the right to impose a higher sentence, it certainly does not happen all the time. Nonetheless, you need to be aware of the fact that your fate is still out of your hands, even when you think that you have negotiated for more certainty.

Thus, it is crucial to keep getting legal help through the end of the criminal justice process. An attorney could negotiate the best possible plea deal for you, but it is not the end of the story. Your attorney needs to fight for your rights all the way through the sentencing procedure. There is still a story that you need to tell right up to the moment that the judge imposes a sentence. 

Call an Eau Claire Criminal Defense Attorney

The attorneys at the Cohen Law Offices will provide you with a vigorous legal defense that is aimed at obtaining the best possible result for you. To speak with a lawyer, you can message us online or call us today at 715-382-9447.