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Originally Posted by TexKan  If it's within the law...... the judge operates within the law......... just because he personally doesn't agree doesn't mean he can set aside a judgement. The purpose is to have all parties in agreement. The judge is bound by the administrattion of the law in a just manner............ the judge is the determining authority but if an agreement is made and the judge opposes it he's fried............... remember the judge remains impartial............. he can't choose the plea - he can guide them in determining if it's with in the law. The law is not alwasy fair to those on the opposing side. |
That isn't actually correct, look it up! A judge can set aside any judgement he wants if he doesn't sit well with it. Not only plea agreements, but he can set aside a jury verdict as well if he feels it is necessary. Like Wordy said, it doesn't happen very often, but it can definitely happen.