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Who is "the court" ?

Cathedral City, CA |

when stating "AS TO COUNT 1, THE COURT IMPOSES THE MID TERM OF 4 YEARS AND 0 MONTHS" right before sentencing, are they referring to "the court" as the "public defender and district attorney"? meaning is the sentence of 4 years the sentence the two agreed upon?

Attorney Answers 3


  1. Best answer

    The court means the Judge in this context. It could be an agreed upon sentence by the prosecutor and public defender/ defense attorney, but the Judge/Court is the one imposing and ordering the sentence.

    Law Offices of David M. Boertje 402 W. Broadway, Suite 950 San Diego, CA 92101 (619) 229-1870 *Please note that this is not legal advice and in no way formed an attorney-client relationship*


  2. "The Court" is a polite way of referring to the Judge. Even by the Judge. It means that the Judge, acting in official capacity (on the bench or in an otder), decided or ordered something. "I, the Judge imposes ..." sounds a littie over the top, eh? The attorneys (Prosecutor and Defense Attorney) are not what is being referred to.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.


  3. Any sentence that the public defender and the district attorney agree on would be made at a plea deal. Usually, when the distric attorney and a public defender agree on a sentence it is because it is less, usually subtantially less, than the maximum sentence a judge, or the court, could impose upon you, the defendant/accused, if you are found guilty beyond a reasonable doubt. Plea deals are usually reached because the prosecution's case is very strong.

    The judge imposes a sentence usually after looking at the facts of your case and applying the sentencing guidelines, a list of aggravating and mitigating factors. Aggravating factors make your sentence more harsh whereas mitigating factors make your sentence more lenient.

    If you don't like the sentence you recieved, then discuss with the public defender the possibility of appealing, or fighting, the judge's decision to a higher court. Hope this has been helpful.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented.

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