Can a judge disagree with prosecutor?
Asked by: Mariah Willms I | Last update: November 1, 2025Score: 4.5/5 (60 votes)
The Role of Judges In most jurisdictions, however, judges' role in plea bargaining is limited. For example, federal judges retain final authority over sentencing decisions, and are not bound by prosecutors' recommendations, even if the recommendations are part of plea bargains.
Can a judge overrule the prosecutor?
Judges do not have control over which charges are brought against a defendant but may have discretion in sentencing, even when a plea bargain is involved. Thus, a judge can accept a plea bargain while simultaneously imposing a different sentence than the sentence to which the defendant and the prosecutor agreed.
Who has more power a prosecutor or a judge?
the prosecutor has the most power over your case and your legal future. They have discretion to drop or amend charges, and to some extent over your plea. They would also be the ones able to bring new charges against you.
Can a judge overrule a lawyer?
Unlike in movies, attorneys can't just say "objection." They must state the reason for their objection. The judge can either "overrule" or "sustain" the objection.
Is a lawyer more powerful than a judge?
Lawyers can argue for their client's innocence, negotiate plea deals, and present evidence to sway judges and juries. In civil cases, however, private judges may have more power than lawyers because they can provide a faster and more specialized resolution of disputes.
'THIS IS A SHAM!' Prosecutor Storms Out of Courtroom After Heated Argument with Judge
Who can override a judge's decision?
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”
What not to say to a prosecutor?
- Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
- Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.
How much power do prosecutors have?
For someone arrested for a criminal offense, prosecutors are arguably the most powerful figures in the legal system. Prosecutors decide what, if anything, to charge—a decision that can be life-altering before and after a conviction.
Why do prosecutors drag out cases?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.
Do judges and prosecutors work together?
THE CHAPTER ASSERTS THAT TRUE RELATIONSHIP BETWEEN THE TRIAL JUDGE AND THE PROSECUTOR IS OFTEN ONE OF BOTH COOPERATION AND CONFLICT CAUSED BY THE NECESSITY OF AVOIDING EVEN THE APPEARANCE OF UNETHICAL BEHAVIOR. THE ROLE OF TRIAL JUDGE IS THAT OF IMPARTIAL ARBITER WITH POWER TO CURB BOTH ADVERSARIES.
Who has more authority than a judge?
Supreme Court Justices
The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.
Who is the most powerful person in a courtroom?
1Prosecutors are the most powerful officials in the American criminal justice system. They control the direction and outcome of all criminal cases, particularly through their charging and plea-bargaining decisions.
How to prove a judge is biased?
To prove judicial bias, you need strong evidence that demonstrates the judges partiality. This evidence should be factual, documented, and relevant to the case.
Can a judge decline a plea deal?
Can the Judge Reject a Plea Agreement? Yes, the judge has a choice of whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
What are prosecutors not allowed to do?
Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
Why are prosecutors more powerful than judges?
Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.
Do prosecutors argue in court?
Prosecutors are prohibited from making arguments that calls for the jury to "send a message" with their verdict. They are also prohibited from suggesting to the jury that their guilty verdict is necessary in order to ensure that the community is safe.
Can a victim talk to a prosecutor?
Yes, the victim of a crime can/should contact the prosecuting attorney to speak him about your case.
What should you never say to a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
Can you negotiate with the prosecutor?
A plea agreement is a negotiated guilty plea in a criminal case. The prosecutor and defense attorney can negotiate a plea deal, but it is up to the defendant to accept or reject the deal. A plea deal can get a lower sentence, fewer charges, or a lesser charge.
What is one reason prosecutors may decide to dismiss cases?
Legal Issues or Procedural Errors: Prosecutors may dismiss a case if there are significant legal issues or procedural errors that could compromise the fairness of the trial. This could include violations of the defendant's constitutional rights, mishandling of evidence, or other legal irregularities.
Who holds a judge accountable?
Commission on Judicial Performance is an independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining state judges (see article VI, section 18 of the California Constitution).
Can a judge go back and change his ruling?
The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.