ABA Family Legal Guide

Criminal Justice

Court Procedures

Initial Criminal Court Proceedings

What role does the judge play in plea negotiations?

The judge is under no obligation to accept all terms of the plea bargain. Most often, however, the judge will honor the plea bargain reached between the parties unless he or she feels it is unfair. Before accepting your guilty plea, the judge will explain the maximum time to which you may be sentenced and the maximum fine, if any, that may be imposed. That time may exceed the sentencing recommendation of the prosecution, or the judge could impose a shorter term in the interests of justice. If you do not accept at that point, your guilty or nolo contendere plea will not be entered and you will go to trial.