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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.
If you take a guilty plea for 25 years are you eligible for parole?
Parole eligibility is a matter of sentencing provided it is not specifically mentioned in the plea agreement. Keep in mind that the written plea agreement is only as binding as the courts allow. If the judge agrees to the plea as it is written, it is binding, so get the language you want into it before it goes to court.
How do you take a plea agreement back to court?
you have to get to together and file a court paper
Is it possible to take a plea deal before trial?
Yes, it is possible to take a plea deal before a trial. A plea deal is an agreement between the defendant and the prosecution where the defendant agrees to plead guilty in exchange for a lesser sentence or reduced charges. This can happen at any stage of the legal process, including before a trial begins.
How do magistrates decide on an appropriate sentence following a plea or a verdict of guilty?
For every offence, Magistrates have very strict sentencing guidelines to which they must adhere and they can also take advice from the Legal Advisor to the Court.
Can you take back a guilty plea in federal court after you have been sentenced?
The answer is no. I took a plea deal on a bad case and the police officer was discharged for lying on his case files. I was not allowed to have a new hearing due to accepting plea deal.
How can you appeal a plea bargain I signed a plea bargain but now I have changed my mind and I don't wont to take the plea anymore. I would like to know what my options are.?
depends on the state. and whether or not the judge has signed off on it yet, generally before judge signs it you can say you don't want to take your plea and you want the right to a trial. It will also depend on the circumstances inducing you to take a plea. In any case you should definitely contact a lawyer. states vary on the ability to withdraw pleas.
Can a judge and a district attorney try to coerce a defendant in taking a plea bargain by threats of maximum sentencing?
The district attorney can certainly make an offer and say take the plea bargain or we will ask for the maximum sentence. He must feel the state has decent case, or that your attorney isn't going to be effective in your defense. Correction: While the district attorney may think that the defense attorney will not do a good job, it would be improper for him to base a sentencing recomendaton on that conclusion. A judge should be very careful about telling a defendant that the defendant will get the maximum if he is found guilty in front of this judge. If a judge wants to get the message across, he usually says things like: "Ask you attorney about the kind of sentences that might happen after trial." Or, "If you are found guilty, when I sentence you I will consider everything I know about you." A judge can say this: "If you do not take this plea, all plea bargaining is over. This case will be set down for trial and it will go to trial. You can then take your chances." Additional: When you accept a plea agreement, the judge is going to ask you if you were coerced into accepting the agreement. If you say that you were coerced, then the plea is dropped.
Can a prosecutor take back a plea that has already been accepted?
In south Africa when the accused pleads guilty the prosecutor can accept or reject the plea of guilty.It can happen that he has in his docket facts which put the offence in a much more serious light than the accuse admitted in his answers. This may cast doubt upon his guilt. At this stage the prosecutor may alter a plea of guilty to that of not guilt.This alteration can place after conviction,but not after sentence.Therefore the prosecutor may take back a plea if he had already accepted ,but not after sentence.
Can the officer issuing a citation take you to jail if you can not make immediate payment of that citation even before you get the opportunity to enter a plea?
no
What happens if parole hold exists and someone goes to prison before sentencing?
Many inmates have been brought back from the prison to the court house for sentencing. It happens all the time. The prison is not going to tell you when someone is picking you up to take you back. They are not going to let you alert your buddies that you will be at a certain place at a certain time and to come and rescue you. No, they are not. Instead, you will not be able to communicate with anyone until you are back in jail waiting for the Judge to sentence you.
How long does a court sentencing typically take in the legal system?
A court sentencing typically takes about 15-30 minutes in the legal system.
