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  1. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Judges Sentencing

    The word you were looking for with regard to the plea is "accepted." "Excepted" would have a completely different meaning.

    Except in cases where plea deals are outright restricted by statute (in NJ that's pretty much limited to DUI-related charges and simple marijuana/hash possession, and even then it's got holes in it), the judge is free to do so. You're also confusing or redundant. The judge IS the court in this situation. The plea bargain is a recommendation to the judge, who is free to accept it or not. Typically, the "guitly plea" is conditional on the bargain however. But even when it is, nothing prevents the judge from altering it. If it was adverse of the defendant, the defense is certainly able to protest that.

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