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?
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.
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Criminal Defense Attorney
"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.
Criminal Defense Attorney
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.
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