Judges are human too.

Just like prosecutors, judges are human beings too. And just 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 can reflect 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.

Criminal defence 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 judge's 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 favorable 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 caution.

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 proceed with your case. 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 favor, it can just as easily work against you.

The bottom line

It's important that you know as much as possible about the judge you are going to appear in front of. 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.