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 JUDGESCriminal Court JudgesJudge Anthony Marabella - Section I, Division HPlea Agreement Information & Forms   
 
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 All FELONY PLEAS (AND AGREEMENTS) added July 2012 revised 2015

          
 

   It is the court’s obligation and responsibility to weigh all factors in reaching a fair and appropriate sentence.

   Often times the DA and the defense counsel have entered into a plea agreement that also includes an agreed upon sentence.  Very often the court is requested to accept the sentence agreement.  Generally speaking, in felony sentences, I like to get a PSI or some other substantial input on a person’s criminal history and the facts of the case before sentencing.

   The volume of our case load has increased.  We now have four Assistant District Attorneys and four Assistant Public Defenders.  As a result of the large volume it is even more critical for the effective and efficient operation of the criminal justice system that they must engage in plea bargaining and agreements. 

   While the Court understands these dynamics, it often causes confusion, incomplete information, and quite frankly not enough information for the Judge to make a conscientious decision on sentencing.  Often times multiple files are amended, dismissed, combined, or a combination of all of the above.  This causes tremendous confusion in the courtroom especially for the court’s staff that is charged with the responsibility of keeping accurate and precise records. 

   Accordingly, in ALL felony pleas, even where a PSI will be ordered, the state and the defense will be required to prepare a written Plea of Guilty and Waiver of Rights Form .

 

I am attaching the FORM to be used for the actual plea. Also attached is a filled out SAMPLE form to assist the parties.

 

This form must be submitted sufficiently in advance (preferably at least the day before) for the court to make an informed and conscientious decision. 

 


      January 6, 2015

     Judge Anthony J. Marabella Jr.

 
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