If you turn down a plea offer, go to trial and you’re found guilty at sentencing, can the DA ask for more time than the original offer before trial? 3 Answers as of October 25, 2017

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, anything up to the statutory max, but it is up to the Judge to impose the sentence.
Answer Applies to: California
Replied: 10/25/2017
Law Offices of Maltaise Cini | Maltaise Cini
Yes, after trial the DA can ask for more time than they initially offered before trial. Sometimes a District Attorney will indicate that an offer will stay open until the next pre-trial however they are not bound by their initial offer. It is quite typical after trial for the DA to request an increased sentence.
Answer Applies to: California
Replied: 10/25/2017
Attorney at Law
Attorney at Law | Michael J. Kennedy
He can ask. An argument could be advanced that a judge giving more than the DA thought the case was worth would be punishing you for exercising a constitutional right, which is itself unconstitutional.
Answer Applies to: California
Replied: 10/25/2017
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