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As a Paralegal, I cannot render legal advice, the question that is asked is a general question, so therefore I will attempt to answer it in a general way. My answer is not intended to give the writer of this question a legal answer, the writer must consult his/her attorney for legal advice. The question is interesting. My field is Tort/Personal Injury, however I do a great deal of research in criminal law. The purpose of a plea bargin is to through an attorney, agree to plead guilty to one charge in order to have another charge dismissed. During this plea bargin process, which is done through your attorney and the Distric Attorney, a lesser sentence could be sought on the charge you are willing to plead guilty to. If both parties agree a motion is drawn up, that is signed by all parties to this cause and is submitted to the judge for his approval. At which time the judge will advise you of your rights and are you aware of this plea bargin and do you agree. If he approves the motion, he will then sentence you according to the plea bargin. Again, I want to stress this is not legal advice and is not to be taken as such by the writer of the question.
What else can I help you with?
What is an order for arraignment?
An order for arraignment is a court document that instructs a defendant to appear in court to be formally informed of the charges against them and to enter a plea (guilty or not guilty). It sets the date, time, and location for the arraignment to take place.
What does this mean PC 859A PLEA?
PC 859A PLEA (a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant read the complaint to the defendant and ask him or her whether he or she pleads guilty or not guilty to the offense charged therein and to a previous conviction or convictions of crime if charged. While the charge remains pending before the magistrate and when the defendant's counsel is present, the defendant may plead guilty to the offense charged, or, with the consent of the magistrate and the district attorney or other counsel for the people, plead nolo contendere to the offense charged or plead guilty or nolo contendere to any other offense the commission of which is necessarily included in that with which he or she is charged, or to an attempt to commit the offense charged and to the previous conviction or convictions of crime if charged upon a plea of guilty or nolo contendere. The magistrate may then fix a reasonable bail as provided by this code, and upon failure to deposit the bail or surety, shall immediately commit the defendant to the sheriff. Upon accepting the plea of guilty or nolo contendere the magistrate shall certify the case, including a copy of all proceedings therein and any testimony that in his or her discretion he or she may require to be taken, to the court in which judgment is to be pronounced at the time specified under subdivision (b), and thereupon the proceedings shall be had as if the defendant had pleaded guilty in that court. This subdivision shall not be construed to authorize the receiving of a plea of guilty or nolo contendere from any defendant not represented by counsel. If the defendant subsequently files a written motion to withdraw the plea under Section 1018, the motion shall be heard and determined by the court before which the plea was entered. (b) Notwithstanding Section 1191 or 1203, the magistrate shall, upon the receipt of a plea of guilty or nolo contendere and upon the performance of the other duties of the magistrate under this section, immediately appoint a time for pronouncing judgment in the superior court and refer the case to the probation officer if eligible for probation, as prescribed in Section 1191.
What prison did William skidmore get sent to?
He is no longer in prison.William Skidmore, aged 20 at the time of the murder, was charged with kidnapping and robbery. In September 2002, he was sentenced to nine years in a state prison as part of a plea bargain. Skidmore was released in April 2009.
Can you sue the police after a plea of no contest?
Yes. Anyone can sue anybody at any time for anything. The fact that you pled guilty is not going to help you, but if your complaint with them is other than the fact that you were arrested, go for it.
how long can it take to get a court date?
The time it takes to get a court date can vary depending on the court's schedule, the complexity of the case, and the backlog of cases. In some cases, it can take several weeks to several months to get a court date. It is best to consult with a legal professional for more specific information related to your case.
Why would you appeal a plea bargain?
Plea bargains are deals forced on people to save thr courts time. they have nothing to do with evidence or justice. so if one feels agreeved by the system one apeals.Another View: Plea bargains are sometimes OFFERED to defendants charged with more serious offenses and who would be going to trial anyway. If the defendant agrees to plead guilty to a lesser offense and save the court system the cost and time of a trial the defendant will serve the jail/prison time for the lesser offense to which they agree to plead.Unless you can prove a substantial miscarriage of justice in your plea arrangement, they are normally not appealable.
When you take a plea agreement are you convicted of the crime before or after the sentencing hearing?
You are considered guilty of a crime at the time that you enter the plea - regardless of when sentencing occurs.Added: You are "convicted" of whatever offense you pled to at the moment the judge pronounces the verdict.
Is it possible to take a plea bargain during the trial after you didnt accept it when it was first offered?
You can meet with the prosecution at any time and discuss a plea bargain, but some prosecutors will not accept it after the trial began. It totally depends on the prosecutor themselves.
What are some reasons a plea can be appealed?
I've been trying since 2005 to appeal a plea with a habeas corpus appeal due to new evidence we didn't have at the time of the plea, and since I agreed to take an Alford Kennedy plea but somehow that got lost in the paperwork somewhere. This is now 2012 and it's still pending, so I have no idea as yet if it will even work as they won't give me an answer. This is in West Virginia.
Can an insanity plea be used for defence in arson?
An insanity plea -- the contention that the individual could not distinguish between right and wrong at the time of the crime -- can be used in any criminal proceeding. It is, however, more effective in some than in others.
Can a judge add more time to a guilty plea that has already been signed by both parties?
Yes. Even during a plea bargain the prosecutor does not have the authority to set the term of your sentence. The paper he signs only guarantees that he won't ASK for more time than what he offered you. The final decision and authority to sentence lies with the judge.
What is a plea bargain and what benefits does it offer?
A plea bargain is an agreement between a defendant and a prosecutor where the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence. Benefits of a plea bargain include avoiding a trial, potentially receiving a lighter sentence, and saving time and resources for both the defendant and the court.
After the judge accepts a plea bargain that consist of less time to serve can the defendant have it change to an even lessor punishment like probation or Is the plea final?
a signed plea bargain agreement / is it permanent like a contract
Does apachai die?
Appachi does die in chapter 400 but makes a plea to the Shinigami for a litle more time to protect Kenichi, then repaired by Akisama and Koetsuji
What will happen in court arriangement with out a attorney?
Arraignment is usually a second chance to ask the judge to appoint you an attorney or give you more time to hire one yourself. Arraignment is also the time to announce your plea of either "guilty" or "not guilty." Don't plead guilty until you've consulted with an attorney and checked out both defense options and plea-bargain options. If you have to make a plea, plead "not guilty" and get a lawyer fast. There may be time deadlines for filing motions, like a motion to suppress evidence.
Question of Carmel plea bargain?
What his a plea bargain one person already made a decision As he already serving has time tour event in the failed to keep their bargain
Can you change A plea from not guilty to guilty a week before my court hearing at the magitrate?
Yes, you can change your plea to guilty at any time up to - and including - your court appearance.
