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Originally Posted by TexKan nine times outta ten - the plea and bargin have already been made and agreed to. I know this was a rotten deal but there are worse ones out there - my point it it's not JUST the judge and more often it's not the judge at all. We could split hares and hairs all night but wouldn't change the point of the post | The plea and bargin are agreed to by the prosecutor and the defense attorney and not in the presence of a judge. Once they agree to a plea they have to bring it in front of a judge. It is the final decision of the judge whether or not to allow the plea aggreement. If he thinks it is too lenient, he can reject it. Then the accused can either accept the judges sentence or change the plea to not guilty and have a trial in front of a jury.
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