[EdHominem]

It can be 67 years at the whim of the DA. The maximum punishment is very real and they're just itching to use it.

If it was an unbiased roll of the dice that would be one thing, and the average and the distribution would be meaningful. But when it's arbitrary it doesn't matter what anyone else got, only what you'll get. And if you have any complaints about your treatment, etc, you're immediately in the full-penalty group.

[ubernostrum]

It can be 67 years at the whim of the DA.

Everything I've read says the judge is the one who applies the sentencing guidelines. Prosecuting attorneys don't sentence people, as far as I'm aware.

[EdHominem]

The DA is the one who offers you a plea bargain, or not, and decides how many counts they charge you with. And recommends charges.

But yeah, after that it's all the judge.

[ubernostrum]

So what happens when someone who's actually informed about sentencing guidelines tells a DA they don't believe the whole "if you don't plead you're facing ten million years in prison" thing?

[EdHominem]

You're the one who thinks you're informed, and that a judge would overrule the DA if they got out of hand, so I suggest you go find out.

I'm pretty much in the camp that the DA would fuck you up and the police and judge would all be in on it. Try telling a cop what the law is, especially if you're right...