If you signed a citation in front of an officer, you did not plead guilty, but only signed a promise to appear in court within thirty 30 days. Your decision on what plea to enter is the most important decision you will have to make. We suggest that you read the following explanations of all three types of pleas before making your decision. All persons are presumed innocent until proven guilty. Your decision concerning which plea to enter is very important.
You should review the following material before determining your plea. A plea of not guilty means you are informing the Court that you deny guilt or that you have a good defense in your case. A plea of not guilty requires that a trial be held. The State must prove the guilt of the defendant "beyond a reasonable doubt" of the offense charged.
You will elect to have a jury trial or if you waive a trial by jury you may have a trial before a judge. All request for discovery under Art. If you plead not guilty you must decide whether to hire an attorney to represent you at your trial. Let the judge know if you do. This report has information about your background and helps the judge decide what sentence to give.
If your guilty plea is accepted, the judge finds you guilty. At a sentencing hearing, a sentence will be suggested by your lawyer and the Crown. The judge, however, can give you a different sentence from the one suggested. The sentence may, for example, be stricter. To find out what kind of sentence a judge may give you, read our section about types of sentences.
Skip to content Leave Site Now. Guilty pleas You do not have to plead guilty. You should try and get some legal advice before making this decision. How do I plead guilty? Read your disclosure Your disclosure is the copy of the information that the Crown and police have collected. Plea inquiry You and your lawyer if you have one will have to go to a plea inquiry which is when the judge asks you: Are you pleading guilty voluntarily?
Do you understand that, by pleading guilty, you are admitting to facts that make up a criminal offence? For example, you knew at the time that what was being done was against the law this is called mens rea , which is about your intention or that what was done was criminal this is called actus reus , which is the guilty act.
Do you understand the consequences of a guilty plea, including that you are giving up your right to have a trial by pleading guilty? Meet the Editors. Pleading Guilty: What Happens in Court. When defendants enter a negotiated plea, judges make sure they understand the trial rights they are giving up. The Judge's Review As a practical matter, many judges go along with plea bargains as long as the agreed-upon sentences are within the range of what they consider fair.
Making Sure the Defendant Understands the Rights He's Giving Up: "Knowing and Intelligent" Waivers Even if the deal seems fair, judges typically engage defendants in a courtroom "colloquy," or verbal exchange, to make sure that defendants have committed the offenses to which they are pleading guilty. For a "knowing and intelligent" guilty plea to be made, defendants have to: admit the conduct made punishable by the law admit and understand the charges against them know the consequences of the plea both the sentence as it stands and the possible sentences that could be given were the defendant to have a trial , and know and understand the rights that they are waiving giving up by pleading guilty, including 1 the right to counsel if unrepresented, 2 the right to a jury trial, 3 the right not to incriminate themselves, and 4 the right to confront and cross-examine their accusers.
Questioning by the Judge Usually the judge asks the defendant a fairly long list of questions to determine whether the plea is knowing and intelligent. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case.
Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes.
Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one?
0コメント