If prosecutor and defense lawyer agree for release is it likely to happen?
Wednesday, March 10th, 2010 at
2:48 pm
If someone’s bond is revoked (questionably) and after thirty days the prosecutor and defense attorney reach an agreement that bond should be reinstated and that the individual is not a threat to society if the judge likely to agree with this arrangement and allow the defendent to return home and await trial?
Yes, unless there is some EXTREME reason for a judge not to approve it. Generally, it is the prosecutors decision to prosecute a case. If the prosecutor feels there is no merit to a case, it’s very rare that a judge will reverse that decision. Judges will disallow plea agreements if the judge feels the penalty is not severe enough for a crime.
Usually the judge will go along with what the ASA and the APD say, if they are in agreement…but there have been times I have seen both sides in agreement and the court (meaning the judge) goes the other way. In the end, what the judge says is how things go.
Normally if defense and prosecution come to an agreement, the judge would rule in favour of such an agreement.