Legal Question in Criminal Law in Virginia

alpha plea

if a person agrees to an alpha plea and the sentence offered to them is 3yrs and 4 mos. is the judge obligated to stick with that or can he suspend some or all of the sentence?

Asked on 12/17/07, 12:11 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: alpha plea

The sentencing judge in a criminal matter is never obligated to accept or be bound by the plea agreement recommended by the prosecutor and accepted by the defendant, be it a so-called Alford plea or otherwise.

However, unless there is a good reason for the judge not to accept it, he or she will normally do so and adopt it as the court's sentencing disposition in the matter.

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12/17/07, 12:54 pm

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