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What to do when prosecutor tampering with the defendant not guilty plea?
Wiki User
∙ 14y ago
Don't understand what is meant by the question. THAT's what prosecutors DO! Their job is to attempt to prove that the defendant IS guilty, and that his not guilty plea is a lie.
Wiki User
∙ 14y ago
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What advantages does the prosecutor of a case gain if the accused agrees to plead guilty?
The advantage is that there is no risk that a jury would find the defendant not guilty. Even if the defendant makes a plea bargain and pleads guilty to a lesser offense, at least the defendant will not get avoid any punishment.
If a prosecutor and defendant have to come to a plea agreement can a judge say no and force a trial?
In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
Why would a judge a prosecutor and a defendant sanction a plea bargain?
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.
What is a prosecutor's motivation for plea bargaining?
To try and get a lesser sentence for confessing to what you have been charged for. If you plead not guilty, but then are found guilty you will have a much worse punishment than if you were to plea guilty. This doesnt mean plea not guilty though. If you can get out of it 100% go for it! good luck
What do you call it when the defendant ''says not gulty'' in coart?
a plea The defendant PLEADS 'not guilty'
Can a plea agreement be changed?
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
If a case with a guilty plea is reopened with a final judgment of not guilty case dismissed still a conviction?
Wait. If there is a plea of guilty, there can be no not guilty decision; in such cases, there is no trial, only sentencing. The only way it would be reopened is if the defendant rescinded his guilty plea and successfully appealed for a new trial, which then, in theory, could be dismissed. In the event of a dismissal, there is no conviction, unless of course the prosecutor successfully appeals and seeks a new trial, which in light of the original guilty plea, most prosecutors would.
Is plea bargaining illegal?
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 sentence.
Could a defendant reject a plea bargain after signing?
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 guilty 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.
What does open plea mean?
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
Means that the defendant does not admit guilt but will not fight the prosecutions case?
This is called the plea of no contest, or legally known as nolo contendere. However, some states do not allow no contest pleas for more serious crimes. In this case the defendant makes what is called an Alford plea, which is a plea of guilty but in the best interest of the defendant, not because the defendant is guilty.
What is the purpose of a plea bargain?
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.
