Judges are human too

Just like prosecutors, judges are human beings too. Like everyone else, they have individual likes and dislikes. That applies to the cases and the defendants who appear in front of them. One judge can feel differently about one type of case than another judge, and the sentences they impose often reflects that difference.

Some judges are sticklers when it comes to how the defendant is dressed, or what defendants say to them. Once again, these differences can show up sentences from one defendant to another, when they have been charged with similar offences.

Impaired driving lawyers who are in court every day get to know the judges, as well as the prosecutors. They watch and learn how certain judges feel about certain cases. They see how judges react to certain submissions. In other words, they learn what to say, and what not to say, in front of individual judges. And they know when it's best to try and move a case in front of, or away from, certain judges courtrooms.

Picking your judge

You don't have the right to pick your own judge, and neither does your lawyer. However, there are circumstances where your case might be moved in front of a more favourable judge. This most often happens as the result of plea negotiations. In addition to agreeing about the plea, prosecutors and defence lawyers will often agree about which judge will hear the case. Because these negotiations usually happen before trial, there is more freedom to have the case brought forward to a date, time and place that the parties agree on. Usually that means in front of a judge that both parties agree on too.

A word of warning: waiting until the date of your trial to negotiate can be risky. A prosecutor is less likely to negotiate if all of the witnesses are there, and they are ready to go. This also means that you will likely have no control over which judge hears your case. The judge that is in the courtroom that day is the judge that will hear your case. While this may work in your favour, it can just as easily work against you.

Judges are not "rubber stamps"

Just because you and the prosecutor agree on the outcome of your case, that doesn't mean that the judge has to go along with it. As many judges have said, they are not there to be "rubber stamps". So why make a deal if the judge doesn't have to go along with it?

Most judges will approve a plea agreement, if it is presented to them in the proper way. The facts of the case that the prosecutor alleges (and that you agree to) must be in line with the proposed sentence. The submissions that are made on your behalf must also support the agreement that you've entered into with the prosecutor. That's why it's imperative that this is done correctly.

The bottom line

It's important that you know as much as possible about the judge you are going to appear in front. It's just as important to know what you should, and shouldn't say to that judge. That's why it's a good idea to hire a lawyer who knows his or her way around a courtroom, and knows the judges who preside over it.

Talk to an impaired driving lawyer. One who knows the law, and the other players in the criminal courts. That's the best way to ensure that you will get the best possible result.