Q: Watching the Kohlberger case that went forward in Idaho, I was struck by the absolutely heinous nature of what he did, and yet he is not getting the death penalty. The plea deal was explained, the prosecutor sought to justify it, but could it have been rejected?
K.L., San Clemente
A: Here in California, and across the land, a judge can reject a plea bargain in a criminal case. There are a number of factors that may result in the plea agreement being rejected: (a) A victim’s objection that ultimately convinces the court the proposed deal is unacceptable; (b) the count concludes the proposed agreement does not serve the interests of justice; (c) the accused’s criminal history is such that the plea simply does not pass muster; (d) an insufficient factual justification has been presented; (e) the defendant was coerced and/or does not understand the agreement; and (f) bottom line, the proposed punishment does not meet sentencing laws, guidelines or policy. In sum, the court was not required to accept the plea in the Kohlberger case. It is not uncommon that the court approves a plea bargain, but there are instances when a proposed deal is rejected.
Q: If I’m attacked and beaten, and a criminal case is brought, can I address the court about any so-called plea deal?
D.P., Alhambra
A: Yes, you are permitted to address the court.
The California Victims’ Bill of Rights Act of 2008 (also known as Marsy’s Law) seeks to protect and expand the legal rights of crime victims. For example, victims of crimes have the right to be heard during critical phases of the case, including any plea hearings.
As the victim, you can assert that the plea should be rejected for one or more reasons. These include: The plea does not take into sufficient consideration the actual seriousness of the crime; the plea was made without consultation with you; the defendant has a prior history such that the deal proposed simply is inadequate; the plea agreement does not take into consideration the extent of punishment that is warranted under the circumstances; and the plea creates a safety concern for the public or sends the wrong message to the community.
Crime victims’ rights
The California Courts have published online a summary of crime victims rights which may be of interest to you: selfhelp.courts.ca.gov/criminal-court/victim-rights.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.