Kayla Murphy

This is – you know what I mean?

And the prosecutor is like, well, you know, I'm not going to dismiss it.

You're going to have to take it to trial or take a deal.

So –

Just to give you an example here, I'll just use DUIs as an example.

Anytime you plead guilty to a crime or are found guilty of committing a crime after a trial, the judge will hear sentencing recommendations from the prosecutor, recommendations from the defense, and then ultimately it's up to the judge.

And DUIs are gross misdemeanors, which means that technically the maximum penalty is up to 364 days and a $5,000 fine.

Now, I have never seen anybody sentenced anywhere near that.

And in fact, in Washington state, we have mandatory minimums for DUIs, which are essentially laws that our state has passed, which tie the judge's hands when it comes to sentencing.

So they say, okay, judge,

based on these factors, like let's say this is this person's first DUI, their blood alcohol level wasn't super high, the mandatory minimum would be one day in jail and a $990.50 fine.

So the judge wouldn't be able to go below that, but he could go above.

Okay.

And so with plea deals and negotiations, it's like basically it's a

Kind of a two-parter.

So like one, you may want to try to get the prosecutor to amend it to a lesser charge that doesn't have, you know, the same max.

And then also you may want to get them on board with the sentence, right?

Like let's do an agreed recommendation for whatever, eight hours community service or something.

If you were to go to trial and lose, the prosecutor would be much more likely to ask for a harsher sentence than if you had wheeled and dealed.

Because, again, the judge hears recommendations from the prosecutor, recommendations from us, and then it's up to him.