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#26 |
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Playmaker
Join Date: Mar 2007
Location: close to the edge
Posts: 4,926
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Re: Former Giant Dave Meggett Sentenced to 30 Years in Prison
In MD, sentencing is within the sole discretion of the judge.
A judge is only bound to a guaranteed sentence if that judges agrees to it in response to a written request that he/she do so from both parties (St Atty and Def). So while the plea agreement btw the St Atty and Def could have been that the St Atty would recommend 5 yrs incarceration, the judge can give whatever period of incarceration he/she wants under the law. The St Atty and Def counsel can make their proffers to the Court, but the Court is not bound by a sentence agreement unless that Court/Judge agreed to do so in writing before sentencing. Typically, judges in MD dont like giving up their right to fashion sentences.
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