Bay Area Sentencing Secrets: The Hidden Power Battle Explained

In San Mateo County, judges typically take a heavier role in setting sentencing expectations than in many other Bay Area counties. That can shift leverage during plea negotiations and change what defendants can realistically hope to receive at sentencing. This article explains the power dynamics between judges, prosecutors, and defense in Bay Area sentencing.

Ray Hrdlicka – Host – Attorneys.Media

“San Mateo County is significantly different than a number of other counties, correct?”

Andrew Dósa – Criminal Defense Attorney – Oakland, CA

“It is. I will say Santa Clara County is a little more like that. The Judges are going to be a little heavier-handed in terms of their role in setting a sentence or prospect of sentence. Or setting expectations for defendants and what they might hope to see for a sentence if there is a resolution and a change of plea. But Santa Clara County will also listen to the District Attorneys office and their opinions. That’s useful, that’s a better scheme of how the case proceeds, but of course you have the problem with the District Attorneys in Santa Clara County getting what they want, so they don’t typically work as hard at working out the appropriate sentence. Unlike Alameda County and unlike San Francisco, which are much more defendant friendly counties. They’re friendly because the Judges have a more sympathetic ear in terms of a sentence, and two, the District Attorneys office understands there’s some cases that aren’t worth looking at seriously.”