If you enter a plea deal that states probation with NO jail, can the judge still sentence you to jail during sentencing?

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I had a felony charge, the prosecutor agreed to a plea deal with probation with NO jail, is there any chance the judge can still give me jail time during sentencing or since we already have a signed plea deal that says probation with NO jail the most I can get is probation?

Attorney Answers

5
Mark Catanzaro ·
I am assuming this is State court and not Federal Court. The Judge cannot give you a jail sentence without your permission. The Judge can do one of two things. He can accept the agreement which means you do not go to jail or he can reject the plea and you can take back your plea and start over. You would not go to jail in that circumstance unless you entered into a new agreement which had jail as a component.
0 upvotes
Blair Zwillman ·
Under the circumstances that you describe, if a judge intended to give you jail time, he would have to let you withdraw your guilty plea. Judges don't typically do this.
0 upvotes
Michael Alvarez ·
Judge can change the Plea agreement but you dont have to accept once he does. Your attorney or PD is in a better position to guide you.
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William Popovich ·
The judge does not have to accept any deal you and the prosecutor agree on for sentencing. If he does not agree you can go back to the prosecutor and try for a new deal.
0 upvotes
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
The deal is between you and the prosecutor. You were made aware of that of the 4th page of the form. The Judge can nix the whole deal and sentence you to State prison but if he sentences above the recommendation you can pull the deal and go to trial.
0 upvotes

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