Can a judge reject a no-contest plea deal?

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katd31

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My children's abuser took a plea deal that has him pleading no contest to 2 CSC felonies that carry 2 10 yr prison sentences but was also given a county cap and 5 yrs probation. He is a probation jumper to begin with but this is also a crime against children. At sentencing, can the judge reject the plea deal and impose the jail time?
And yes the specific deal is that he doesn't get any more jail time he has been sitting in County for the last yr and 1/2. It is called a county cap, 13 months.
He has had the trial already. The DA only put me on the stand and after that he offered this ridiculous plea deal. So I have no recourse then?
 
Nope. He has the right to plead Not Guilty, Guilty, or No Contest. Under No Contest, he essentially accepts guilt with resultant penalties, but doesn't admit it for purposes of a lawsuit.

That does not mean you cannot continue to sue for civil recovery, too. It simply means that he didn't admit to it. You could still get a civil judgment proving him guilty if you wanted to pursue it.
 
A plea of no contest does not mean he will not get jail time. It just means he is not admitting he did it, but he realizes that if he goes to trial he will be convicted. It will have little or no effect on the sentence.

As for the sentence agreed to, yes, the judge can reject it if he feels the defendant is getting too good a deal. However, in most cases, the plea deal is reached with the parties pretty much knowing what the judge will or will not approve.
 
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