If accepting a plea for 2.5 years prison time, can the judge overthrow to change to probation?

Question

I have agreed to accept a plea of 2.5 years to plead guilty to 2 felony and 1 misdemeanor that would normally be eligible for probation but the prosecutor hates me for some reason and I'm afraid if I go to trial it may end up more than 2.5 years. Is it possible that if I agree to the plea that the judge could overthrow the 2.5 years and suggest probation since I don't have any priors and have a lot of family support who will write letters to the judge explaining that prison isn't what I need.

Answer 1

You have a lousy attorney.  The judge can do that, but he will not.  You have nothing to lose by going to trial if you are going to plead to those charges and agree to go to prison.  You need an attorney will will try to get you probation since you have no prior record.  If you are found guilty they you can beg the judge for probation and tell him you have learned your lesson.

I don't think it is the prosecutor, he is doing job.  It is your lousy attorney who should be fighting for you.  Why plead if you are going to prison anyway?  

Answer 2

Depends on a lot.  Are you bargaining for a prosecutor's recommendation of 2.5 years, or for a guarantee that you cannot possibly get more than that?  what is the maximum sentence available?  Are you in a state that allows sentence bargaining or does the judge retain the authority to reject the recommendation?  Does the specific crime you plead guilty to committing allow for the possibility of probation?  As no one here knows what state your are in or what you were originally charged with or what you are pleading guilty to or the terms of the plea bargain, no answer here will be worth anything.

Answer 3

sometimes if you agree to the military and fight for your country they will let you off and i wouldn't do felony if you can help it can mess your entire life up so think very carefully about this.

Answer 4

.   It is a Good Cop - Bad Cop scenario.  The Prosecutor is supposed to be the Tough Guy who protects the public by locking you up for 2 years.  The judge gets to be the "understanding" one who convinces you to give up your life of crime and start feeding the homeless.  You have a 30% chance of getting what you want- probation.  Are those odds good enuf?  Are you a gambler?  If you lose and get more time, don't blame me.  I just gave you the odds. I didn't tell you what to do.

Answer 5

This is a complex problem for which you have gotten simple answers.  Not the best way to proceed.

The facts as I see them: prosecutor's office has you dead to rights.  You will do time.  Question is, how much?  The likelihood of you getting probation for such a long list of original charges is unlikely at best.  Can the judge overturn the prosecutor's plea arrangement?  Yes.  Will he?  Never.  Check that.  Yes, a judge will overlook a plea agreement the prosecutor presents, to exceed the agreed upon amount of time and sentence the convicted to a longer term.  I have never heard of a judge who sentence less than the prosecutor's recommendation.  Just does not happen.

I count seven charges.  I recognize that the prosecutor stacked you (charged you originally with every possible statute), and that some of these will be dropped off in the plea agreement, but once there, they never go away.  The judge will have your entire sheet before him.  He will not be looking at the plea charges, he will be looking at what you were booked in with.

Public defender?  Good luck, buddy.  A PD will do only the bare minimum to take care of his pro bono requirements.  If your PD is from a large firm, you might get better representation.  But, you are largely on your own.  You can direct your PD on what to do for you, but you better do your research.  If the PD does not do as directed, you can fire him and request a new represntative.  Study up on how to do this also.

To be able to give you good advice on whther or not to take the 2.5 offer, I would have to know (minimum) how much time elapsed between the 5 year and 2.5 year offer.  If the time between was relatively short, wait for the next offer.  If the time ellapsed was longer, take the offer now before it is pulled.  If you go to trial, you will do the full monty, you will get AZ's statutory minimum, and you will not likely see parole the first or the second time it comes around.

Good luck.  Hope this helped.

Answer 6

What does your defense attorney say?  

Answer 7

Others have already said it, but I'll repeat it.  A deadhead public defender can get you probation, so if you're proceeding without an attorney, you're an even bigger deadhead.  Prosecutors have job performance ratings just like any other employee, only their job rating is determined by how many prison sentences they wrack up.  Why s***w up YOUR life worse, just to make his easier?  Get a PD and get a better deal.

Can't get a PD?  Why not?  It's not a matter whether you SHOULD be able to afford one; it's a matter of whether you CAN afford one right now.  If you can't, petition the court for a PD.  Part of the plea agreement will include court costs that you'll have to pay over a period of time for the expense of your PD.

Normally I don't consider public defenders worth the powder to blow them to h**l, but in your case, any dumb PD is better than none.  And if you, by chance, DO have one that's railroading you like this, threaten him with the Attorney Grievance Commission in your state.

Answer 8

More than likely you will get what the plea deal is.

If you do not want the deal, you need to work with the prosecutor more.

Do you have an attorney? Is it a public defender?

Do whatever you need to do (do not commit any more crimes though) to get enough money to get a good attorney.

A simple plea deal should not cost you too much and may keep you out of jail.  

Answer 9

Do not take the deal if it is not something that you can handle

You can go to court and just plead guilty and show the judge that you are changing your life and have someone speak up for you etc and have the family there as support You are open to getting that probation than.

Get a lawyer that works for YOU.

The judge is likely NOT going to give probation if you accept that plea.