Polanski slides free of extradition for now, but US can appeal against Polish court

[Scott]

We may have some attorneys who can explain the legal/technical aspects of a Plea Agreement. In my experience with sexual abuse cases, an agreement is made between the defense and the prosecution. Often, this agreement is one where the prosecution agrees to a lesser charge and to recommend a specific sentence. The defense agrees to cooperate and to plead guilty (or no contest). They usually then dispense with a jury trial, which is long and expensive, and go before a judge instead.

The Judge isn't able to change the actual charge against the defendant, but he can reject the plea agreement and not give the recommended sentence. Other than when mandatory sentences are required, the judge has latitude in sentencing.

I am aware of a situation, with a minor, who made a plea agreement and the agreement was to get probation. The Judge accepted the agreement, but sentenced him to a juvenile facility, which was within his discretion.

[GOLDBUGGY]

We may have some attorneys who can explain the legal/technical aspects of a Plea Agreement. In my experience with sexual abuse cases, an agreement is made between the defense and the prosecution. Often, this agreement is one where the prosecution agrees to a lesser charge and to recommend a specific sentence. The defense agrees to cooperate and to plead guilty (or no contest). They usually then dispense with a jury trial, which is long and expensive, and go before a judge instead.

The Judge isn't able to change the actual charge against the defendant, but he can reject the plea agreement and not give the recommended sentence. Other than when mandatory sentences are required, the judge has latitude in sentencing.

I am aware of a situation, with a minor, who made a plea agreement and the agreement was to get probation. The Judge accepted the agreement, but sentenced him to a juvenile facility, which was within his discretion.

I agree as this is what happens in Canada to and I know personally of a few case like this. The Prosecution can reduce the charge to a lesser offense and can recommend a lighter sentence to a judge but it is up to the judge to decide the sentencing.

They do have plea agreements like this to in the United States, (11©(1)() but they are different as they also have one that is binding to the court (11©(1)(C,) or also know as the Plea Bargain. The difference here is that the Defense Lawyer, Prosecutor, and also Judge gather together before the trial and discuss this Plea Bargain. If the judge agrees in this case, then it is binding to the court. If he does not then the Guilty Plea can be withdrawn and a trial would begin.

Polanski proposes that this is what happened to him. That he went before the judge and the judge agreed to the Plea Bargain making it legally binding. As part as his Plea Agreement the judge had Polanski sent to prison for up to 90 days and in which they could preform a Psychiatric Evaluation on him. Should he not be a threat to society it was further agreed with this judge that his prison time was finished. That he would be placed on probation and perhaps preform community service.

Polanski was also granted leave by this judge to finish a project in Europe before he had begin his jail sentence. He returned from Europe and completed 42 days in prison before he was released. He was to appear before the judge to complete his sentencing but for some reason the judge changed his mind. It is alleged that this judge was in communication with the Deputy District Attorney, who originally was never involved in this case and who was now pushing for a stiffer sentence.

So the problem arose when the Trial Judge refused to accept this original Plea Bargain, even when the probation officer, the psychiatrist, and the victim herself, all recommended probation. It appeared now that Polanski was going to face a stiffer jail sentence and could not withdraw his guilty plea. So he fled the United States.

Interesting to note that this same Trial Judge said in 2008 that all he was going to do was to get Polanski to finish out his 90-day jail sentence. I find that difficult to believe him as Polanski already completed 42 days and already could have been release on that alone. No more that 18 more days for sure by getting out on good behavior. I hardly doubt that anyone, including Polanski, would flee from only 18 more days in prison when he already agreed and spent 42 days their.