Paul Prosecutor has offered a recommended sentence of probation to Carl,the defendant,as part of a negotiated plea of guilty.When they present this plea bargain to the judge,the judge refuses to impose the negotiated sentence.What can Carl do at this point?

Question

Quizplus · Accepted Answer

If the judge refuses to impose the negotiated sentence, Carl can withdraw his guilty plea and go to trial. This is because a plea bargain is a negotiation between the defendant and prosecutor, and the judge has the final say on whether to accept or reject the proposed sentence. If the judge rejects the plea bargain, the defendant has the option to withdraw their plea and proceed to trial. Suing the prosecutor or judge to enforce the negotiated sentence is not a viable option.

Paul Prosecutor Has Offered a Recommended Sentence of Probation to Carl,the