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The judge usually goes along with a plea agreement. He does have the ability to reject it, but it is rare. It is in the interests of judicial economy to accept the plea (which saves taxpayer money and judicial resources). And, if judges were constantly to reject plea bargains and insert their own judgment, it would make people less likely to want to enter into them - and the entire system would suffer. So, it can happen, but most judges do not make a regular practice of rejecting plea agreements.
If you are charged with a felony currently, and the judge rejects the agreement, it is possible that your record would show that you were sentenced on the felony (because he's not allowing the DA to charge the misdemeanor
instead). If you're really concerned, and you have a court
-appointed attorney, you may want to talk to him about this particular judge and see if there is any reason to suspect that he won't accept the plea agreement.
If you refuse to accept a plea and insist on going to trial
, you will definitely be charged with the felony and, if convicted, sentenced on the felony. It's important to keep that in mind, especially if you don't have a slam dunk defense. A person who is willing to plead guilty gets special considerations that will not be given if the case is taken to trial.
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