Must Binding Plea Bargain Agreements be Honored By Judge ?
Q: What is an ABA binding plea agreement?
A: An ABA binding plea agreement is a type of plea deal in which the defendant, prosecutor, and judge all agree in advance to a specific sentence. Once the judge accepts the agreement, the court is bound to impose the exact sentence that was negotiated. This type of plea is generally thought of as governed by Maryland Rules.
Q: What makes an ABA plea different from a regular plea?
A: In a standard or “open” plea, the judge has full discretion at sentencing. In an ABA binding plea, the sentence is fixed and cannot be changed by the court once the plea is accepted. This gives both the defendant and the prosecution certainty about the outcome.
Q: Is an ABA binding plea agreement put in writing?
A:These agreements are typically written and include the specific charges, the sentence to be imposed, and any conditions such as probation, fines, or restitution. The written agreement may be reviewed and approved by the court in open court.
Q: Can the judge change the sentence after accepting the plea?
A: No. Once the court accepts an ABA binding plea, it must impose the exact sentence stated in the agreement. If the judge is not comfortable with the terms, they must reject the agreement in its entirety.
Q: What happens if the judge rejects the ABA plea?
A: If the judge rejects the plea agreement, the defendant is given the opportunity to withdraw the plea. The case then proceeds as if no plea had been offered—usually to trial or further negotiation.
Q: What are the benefits of an ABA binding plea?
A: The main benefit is predictability. The defendant knows exactly what sentence will be imposed, and there are no surprises at the sentencing hearing. It can also help resolve cases efficiently and avoid the risks of trial.
Q: Does the defendant have to agree in court?
A: Yes. The defendant must affirmatively state in court that they understand the terms of the agreement, are entering into it voluntarily, and agree to waive their right to trial.
As attorney Eric T. Kirk will tell you, if the Judge agrees to go along with what the prosecutor and defendant have agreed to, a process called “binding”, and the Judge commits himself or herself to that disposition, the defendant is entitled to have the agreed upon sentence imposed, and to have it enforced if it is not imposed.