Can a trial judge intervene in plea negotiations?

California, United States of America


The following excerpt is from The People v. Gutierrez, B218292, No. MA038763 (Cal. App. 2010):

parties. In the universe of plea-bargained cases, judicial involvement may occur anywhere along a continuum, from the outset or only after the parties have reached a tentative agreement. At some point, the judge must approve the deal." (People v. Casillas (1997) 60 Cal.App.4th 445, 452.)

A trial judge may properly encourage the parties to attempt an informal resolution, so long as he or she remains impartial. "There is no rule in California forbidding judicial involvement in plea negotiations. Nonetheless courts have expressed strong reservation about the practice." (People v. Weaver (2004) 118 Cal.App.4th 131, 148.) The mere fact the court acknowledged some level of involvement does not support a finding such involvement was improper. Indeed, a prior statement by the court shows the court was fully aware of the need to be restrained as to the level of its involvement with plea discussions.

Other Questions


What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
How has the trial judge considered the fact that a judge personally viewed the properties at the inception of the trial? (California, United States of America)
Is there any case law where a judge has found that a trial judge made a "minor error" in making decisions in a trial? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
Can a judge who did not preside at trial review a defendant's motion for a new trial? (California, United States of America)
Can a trial judge order an ex parte viewing of a geographic location by a judge without the parties' consent? (California, United States of America)
Does the law of the case doctrine preclude a litigant from seeking a writ of appeal against a finding that the trial judge was an impartial judge who failed to instruct on lesser included offenses? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.