Why Do San Mateo County Judges Only Make The Decisions On Sentencing A Defendant?

Bail Bond Cowboys wants the public to have answers to the myriad of questions that surround the criminal justice system and your constitutional rights. We bring those answers to you in the form of video interviews by Attorneys.Media of legal experts in your area and across the country.

Ray Hrdlicka – Host – Attorneys.Media

“Why did San Mateo move to this type of procedure?”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“I don’t really know why. It would seem that the Judges don’t have to be involved in the process that intimately, with that much control. The Judge will ultimately make the decision on a sentence. Why would they not allow the District Attorney, who is more the troops on the field, troops on the ground with knowledge of the cases? They’re the ones who will try the case. Why would their opinion not have an influence on where the case goes in terms of setting a sentence?”

Ray Hrdlicka – Host – Attorneys.Media

“That actually make sense.”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“I suspect it’s a judicial policy where someone thought it was better for Judges to make the decisions. Judges, ultimately, will always make the decisions on the sentence. You can’t get a deal without a Judge saying, ‘that’s what I want to do.’ So, San Mateo County probably just figured let the Judges decide, and keep the District Attorneys out of it. Again, that’s a huge disadvantage for the defendant.”