Here are three reasons you should consider hiring an attorney in this case. 1. Getting a More Favorable Deal When you agree to plead guilty, you may be doing so as part of a plea bargain, where you make a deal with the prosecutor to plead in return for a particular sentence.
Working with an experienced criminal defense lawyer can help you better understand the charges against you as well as collateral consequences to a guilty plea. An attorney will protect your rights, and may be able to help you negotiate a better plea bargain.Oct 3, 2019
In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.Oct 18, 2021
Some defendants plead guilty to take the blame (sometimes called the "rap") for someone else, or to end the case quickly so that others who may be jointly responsible are not investigated.
What happens if I plead guilty? Pleading guilty means that you admit you did the crime. If you plead guilty, the court will decide what should happen next, which could be a fine or a prison sentence.
Sometimes the judge will dismiss the charges if the defendant withdraws their plea based on new evidence of their innocence. A judge is more likely to accept a guilty plea withdrawal in the earlier stages of a case or soon after the plea was made.Oct 18, 2021
Plea Bargaining: Areas of Negotiation – Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.
As a pro, plea bargaining allows you to avoid the worst outcome. You can work with law enforcement to provide details or admission of guilt. In exchange, you will face less time in jail, or even no time at all depending on the deal. On the downside, this conviction will stay on your criminal record.Jan 21, 2021
To put it another way, the phrase “beyond reasonable doubt” means that the decision maker should be certain that the accused is guilty. In this case, the trial judge found that with all of the circumstantial evidence combined, there was no reasonably innocent explanation for it.Jul 5, 2017
Defendants' Reasons for Plea Bargaining For a defendant in a criminal case, plea bargaining provides the opportunity for a more lenient sentence than if convicted at trial, and to have fewer (or less serious) offenses listed on a criminal record. There's also the natural tendency to want to trade risk for certainty.Mar 14, 2019
Plea bargaining usually involves the defendant's pleading guilty to a lesser charge, or to only one of several charges. It also may involve a guilty plea as charged, with the prosecution recommending leniency in sentencing. The judge, however, is not bound to follow the prosecution s recommendation.Nov 28, 2021
Choosing a Jury. Except for rare cases that are heard only by a judge, one of the first steps in any criminal trial is selection of a jury. ... Opening Statements. ... Witness Testimony and Cross-Examination. ... Closing Arguments. ... Jury Instruction. ... Jury Deliberation and Verdict.Feb 20, 2019
You have been charged with a crime and decided you will enter a guilty plea. You may think this means you do not have to hire an attorney for your case. However, this decision could lead to unforeseen consequences.
When you agree to plead guilty, you may be doing so as part of a plea bargain, where you make a deal with the prosecutor to plead in return for a particular sentence. If you have no law background, you could make a deal that is less favorable than what you deserve.
If you have never entered a plea before or have no legal background, then you have no way of knowing if you’re following all the proper procedures. You may not know how to voice an objection if something happens that you didn’t expect or feel is unfair.
When you accept some conditions of a plea, such as probation or time-served, you will find they may have consequences you did not anticipate. For instance, if you plead guilty to a violent misdemeanor, you may not buy a firearm in Delaware. You should thoroughly comprehend the potential outcome of a guilty plea.
Are you considering entering a guilty plea to a crime? Consult with one of the experienced attorneys at Rahaim, Saints & Walstrom before you do. We can help secure a deal you will be satisfied with. Contact us online or give us a call at 302-526-4655 in Wilmington or 302-360-8277 in Newark.
As a former prosecutor and now as a criminal defense lawyer, I’ve seen it all. I know that police officers and prosecutors overreach and over-charge. But I’m less concerned with what the police say happened that I am with whether the arrest was conducted properly and what the prosecutor can prove.
Police officers are most concerned with getting information they can use to help prove you guilty. It’s not their job to explain the nature of the charges against you, and they’re not on your side.
A good DUI lawyer might even be able to help you get no jail time, even if you are found guilty.
Just because you are guilty of a crime does not mean that your rights can be violated. A DUI lawyer will make sure that you are treated fairly in court and make sure that evidence that was gathered incorrectly is not admissible in court. For example, if a police officer did not administer a field sobriety test correctly, or if a lab technician did not properly store your blood sample, this evidence should not be used in court.
The prosecution or the judge will not sit down with you. They will not explain your options when you plead guilty. The prosecution is not necessarily concerned with giving you the best option for your situation. A prosecutor is just concerned with doing their job.
If you meet certain requirements (no prior Class A misdemeanors, no prior diversion or expungement of records), you are eligible for a diversion. Diversions come in two forms: 1) Pre-trial diversion, and 2) Judicial diversion.
You might be thinking, “Well, I know that the police have a lot of evidence against me, so what’s the point?” Imagine that you received a DUI charge. Do you know whether the police made a lawful stop of your car? It’s possible that the evidence that would be used against you was obtained illegally and would be excluded.
a) Getting the Best Deal Possible: Imagine that a prosecutor tells you that you can plead guilty to a charge and receive ten days in jail – is that a good deal or not? The prosecutor then tells you that this deal is only good for the next few seconds.