0
Overwhelmingly obvious proof (evidence) of the offense would lead a guilty defendant to just go ahead and plead to the charge.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
What if the defendant lied under oath?
That is called perjury and can lead to fine and/or imprisonment. It might also lead to a guilty verdict, if the jury thinks that the defendant is a liar and is probably guilty of the crime.Added: It would be up to the prosecutor to impeach the defendant and refute his version of affairs by the production of evidence and testimony to the contrary.
What happens when a person pleads guilty to a charge?
The court does not assume that you are necessarily guilty just because you plead guilty; there are many cases of innocent people who plead guilty, usually because of some mental illness. A delusional person may believe that he or she is guilty of something that he or she did not actually do. So, the case is still investigated, the evidence is still examined, and the person who pleaded guilty might still be acquitted. However, a guilty plea does constitute some degree of evidence, and it may lead to a guilty verdict, even for a person who is actually innocent. It depends upon what other evidence is available, and upon the care with which the court is handling the trial. It is unfortunately the case that sometimes the police and the prosecutor are just happy to convict someone, whether that person is guilty or not. It counts as a successful prosecution, that someone is found guilty.
Should you plea not guilty or no contest in court to battery and criminal mischief charges?
They are two entirely different pleas. NOT GUILTY is as, the name implies, you are pleading that you did not do it. If you plead NO CONTEST (Nolo Contendre), it means that you don't deny the charge made against you, and concede that the prosecution probably has enough evidence to convict you. No contest is just a "kinder and gentler" way of pleading Guilty.One advantage to pleading nolo, or "no contest," is that that the defendant is not required to allocute, or explain any details or circumstances of the alleged crime, and the pleading can't be used to establish negligence per se, malice, or guilt on your part if the charges lead to someone filing a civil suit against you. A guilty plea can be used as the basis for civil action from a victim seeking monetary or other damages, whereas a "no contest" plea cannot. This does not mean it provides absolute protection against civil liability, but it does confer some benefits.As to whether you should, decide for yourself - with the advice of a lawyer - if they do have enough to prosecute you or not. You are fully entitled to hear the charges against you. If you are sure they do not have enough for a conviction, then plead not guilty. If you think they could pull it off or that they will probably get you, then plead no contest.As mentioned above, it would be wise to consult an attorney before taking further action.
Is word of mouth enough enough evidence to convict someone in a drug conspiracy?
YesAnother View: No, not directly. "Word of mouth" may be enough to bring drug trafficking to the attention of law enforcement, or lead their investigtion in the right direction, but the evidence that is collected and used to convict the defendant(s) must be collected in accordance with the law and the rules of evidence.
Can you expunge a felony?
There are two things that must be true in order to try and pursue expungment:An arrest was made that did not lead to a guilty chargeA defendant received deferred adjudication and completed community supervision for a class C misdemeanor chargeBelow is an article that further explains the process.
What are some undesireable features of plea bargaining?
From a societal standpoint, it reduces and mitigates the crime which was originally committed by the defendant and, the penalty the defendant will pay. This actually has the effect of masking the actual seriousness of the offense and thereby the actual crime rate.From the point of view of the victim (and usually the arresting officers) - the defendant is 'getting away with it' by being charged with a lesser offense, instead of the one he/she actually committed.From the point of view of the defendant - plea bargains are deals struck with the prosecutor's office - BUT the court is not required to go along with them. Sometimes the judge will cancel the plea deal and re-institute the original (more serious) charge.
When you are committed unquestioningly and with absolute certainty to a belief or beliefs you are guilty of?
Being committed unquestioningly and with absolute certainty to a belief or beliefs can lead to closed-mindedness, intolerance, and an unwillingness to consider other perspectives or evidence. This can limit personal growth, hinder critical thinking, and lead to biases or prejudices.
How might guilty feeling lead to positive results?
This guilt can cause them to confess
How do you expunge felony records?
There are two main things that must be met before you can even pursue an expungement. These are:An arrest was made that did not lead to a guilty chargeA defendant received deferred adjudication and completed community supervision for a class C misdemeanor chargeSo, only misdemeanors can be expunged.Below is a link that further explains expungement.
What does a misdemeanor for show cause mean?
A misdemeanor for show cause typically means that the defendant has failed to comply with court orders or show up for a hearing, and a judge has issued a show cause order requiring them to appear in court and explain why they did not follow court instructions. This can lead to further consequences such as fines, probation, or even jail time.
Who first had lead poisoning?
There is some evidence that ancient, prehistoric peoples who smelted lead and tin suffered from lead poisoning.
When is a person found guilty?
When the prosecution presents a well-built criminal case with strong enough evidence to convince a judge (or jury) of the defendant's guilt beyond a reasonable doubt. - - - - - - - - The civil standard is merely "a balance of probabilities", that is, you must be 51% sure. The criminal standard of proof, "beyond reasonable doubt", means you must be sure, or at least 99% sure. in reality, many defendants are convicted merely because a jury thinks it is "possible" or "likely" that they committed the offence; and this has lead to very many miscarriages of justice.
