What is a binding plea agreement
Maryland refers to binding plea agreement as ABA plea agreement and in DC it is referred to as Criminal Rule 11(c)(1). Essentially, it’s a way for the Defendant to know exactly what sentence he will receive. Normally, after a plea, the defendant and the prosecutor gets to allocute (request to the Judge) to the Judge what the sentence should be. With a binding plea, the Court is bound to terms of the sentence.
Does the Judge have to accept the binding plea
No, the Judge does not have to accept the binding plea but the Judge will inform the parties beforehand whether it will accept the terms of the binding plea.
How can I get a Binding Plea in my case
Well, binding pleas are not always offered. Furthermore, it may not be in your best interest. Binding pleas are done where you already facing mandatory time. For example, for a 2nd DUI in DC, there mandatory time (Judge has no choice) that can not be served on the weekend. If you were to enter a binging plea that states you can agree to 10 days but will allow it to be done on the weekends.
More Questions about Binding Pleas
Give us a call we will be more than happy to discuss binding plea agreements with you.