What would you like to do?
Its a criminal law term used to define the process in which the accused agrees to plead guilty to a lesser criminal offense in which they were originally being charged with...….in essence you bargain for a lesser charge in exchange for pleading guilty to the lesser offense. A plea bargain, also known as plea agreement, plea deal or copping a plea, is when a defendant agrees to plead guilty in exchange for a reduced sentence.
Answer A lesser charge the prosecuters in court offer you. So they dont have to take it to trial. Cause it costs the city lots of time and money.
I have pleaded guilty to a charge of 2nd degree commercial burglery but did not take anything or leave the store, I was arrested eating at the snack bar with my daughter… and my niece, can I with draw my plea of guilty if I have not been sentenced yet.
How can you appeal a plea bargain I signed a plea bargain but now I have changed my mind and I don't wont to take the plea anymore. I would like to know what my options are.?
depends on the state. and whether or not the judge has signed off on it yet, generally before judge signs it you can say you don't want to take your plea and you want th…e right to a trial. It will also depend on the circumstances inducing you to take a plea. In any case you should definitely contact a lawyer. states vary on the ability to withdraw pleas.
Any time he wishes. The judge is not bound in any way by any agreements entered into between the prosecutor and the defense counsel.
More info please. What kind of medication? Was he represented by counsel?
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
A plea bargain is a 'deal' made between the prosecutor and the defendant. Judges have nothing to do with plea bargains - as a matter of fact judges don't even have to abide by… them.
Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The… judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
This is a question for your lawyer, not a random person out there in the cyber world.
Yes. However, you will be able to state truthfully that you were not "convicted." However, the record of your arrest and the dismissal will continue to appear on your record.
The law will vary from state to state, so these comments are mere generalizations. In most states you will be required to request leave to withdraw your plea from the court a…nd judge that took the guilty plea. In most if not all states this request must be made prior to sentencing , though attacking a conviction by plea after sentencing may be possible, depending on the state, (Such a post-sentencing attack will probably not be understood as "withdrawing" a plea, but rather attacking its validity or legality on some ground other than the defendant's subsequent desire to undo what he had previously chosen to do). The application or motion to withdraw a plea might need to be made formally and in writing, but, in many courts, it can also be made orally even immediately prior to sentencing. Where there is a disputed factual basis for the motion, the court may order that testimony be taken at a hearing on the matter were you may need to provide evidence that will prove that you were coerced, or drunk, etc. In some states, the judge can allow you to have your plea back in his discretion and in such cases the judge will be able to grant or deny your request for almost any plausible reason. You should supply a judge with as many good reasons as possible to support your request. The personality of the judge and local custom will matter enormously here as some judges give back pleas on a defendant's whim (mere "buyer's remorse"), while others will almost never do do, even when the law would seem to require it (he sees every plea as voluntary, no matter what the evidence). In other situations, you may have a specific legal reason for the withdrawal. In such cases the judge might even be required to let you have your plea back if you can prove to him that such a legal ground exists. Prime examples are issues about the voluntariness of plea. A plea must be voluntary to be valid. If you were (really) coerced, you were drunk or on drugs at the time of the plea, you grossly misunderstood your rights or the non-collateral consequences of the plea, (like that you could go to prison or would be deported, etc.), then your plea might be deemed involuntary. (If these issue sound familiar it is because the judge probably asked you at the time you plead if you were coerced or drunk, etc., and asked if you understood what the maximum sentence could be, and asked if you had had time to talk to your lawyer, and so on, so bear that in mind. Judges ask those questions on purpose to assure the voluntariness of pleas.) Another related class is ineffective assistance of counsel , did your lawyer mislead you about what your sentence could be, or neglected to tell you you might be deported because of it, or mislead you about the availability of a certain defense. This may also be a ground to withdraw a plea, though it usually dove-tails with the voluntariness issues stated above and can usually be seen as merely a sub-set of the involuntariness issue. A claim of actual innocence can be sometimes very important, but remember that at your guilty plea you were likely required to explain how you actually did the crime--you may even have had to do so under oath. To come back later and say you didn't really do it could be very awkward and some judges will give you a very hard time over your claim that you misled the court before but that now you're telling the truth. Two instances where this is less of a problem is where (1) you are claiming you were actually coerced (my ex said he'd kill me and my dog if I didn't plea and say the drugs were mine) and (2) instances where what you said to the court was factually correct but that you were unaware of a defense you had (intoxication, entrapment, etc.) that means you were really not guilty after all. [NOTE: Being afraid to go to trial and face possible conviction and sentence thereafter is NOT the same as being coerced into a plea bargain , though it may feel that way. If you lay that argument on the judge it will make him scowl and scold and school you. On the other hand, you can still say you took the plea because you were afraid to go to trial when you are just asking for the court to return you plea on pure discretion. It would also be different if you are claiming that your lawyer objectively mislead you about your chances of winning at trial. That might add a true voluntariness and ineffective assistance claim, but that still isn't "coercion," so avoid the word unless you mean it.] PLEASE NOTE: The sooner you request to have your guilty plea back after entering it the better your chances are of being allowed to withdraw it , so contact your lawyer immediately and try to avoid waiting to the sentencing date, where such a request will be greeted with the most suspicion by the court. And remember: "The easiest plea to withdraw is the one you never entered."
If you (or your attorney), signed a plea agreement it means you have 'pled' guilty to a lesser offense than the one you were originally arrested for. You could withdraw your g…uilty plea to the lesser offense, but that just means the prosecutor will simply withdraw the watered down charge and charge you with whatever your original offense was.
No, this is a procedure used in criminal court when the prosecutor tries to get the defendant to plead guilty to the charge in order to get a lesser charge than a maximum sent…ence.
To keep the court's docklet moving along and to serve justice as swiftly and as well as possible.
A plea bargain benefits a judge by avoiding a lengthy trial. It is supposed to be an agreement to a lesser charge in exchange for a guilty plea, however it has been usurped by… prosecutors and judges who only agree to token reductions and often threaten accused with further charges or spousal inclusion in indictments if plea agreements are not signed.
They are both a part of the same process. The defendant (or his attorney) offers something to the prosecutor in exchange for the prosecutors acceptance of a plea of guilty to …a lesser offense, or a guaranteed shorter sentence.