Tuesday, August 9, 2011

Demystifying law: the plea

In the last week, demystifying law we looked at how to settle a civil suit. If you have been charged with committing a crime and not to blame, it's also an opportunity to address the case was not brought to justice. It's fault is called or of a plea agreement,.


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Guilt is usually negotiated between the Prosecutor and your lawyer. The judge must also sign off on it.

It is important to remember that the plea agreement, a settlement in a civil case, represents a compromise between the respondent (accused of the crime) and prosecution. If you have already been charged with a crime, it is unlikely that the Prosecutor would agree to withdraw from the prosecution. But the prosecution must accept that better than the worst case scenario.

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For example, if you were 1 degree felony plea agreement may allow the guilty to 3rd degree felony (a lesser charge) and shorter imprisonment. Or a felony charge can be reduced to a misdemeanor, punishable by a fine and probation.

If you have been charged with an offence, there are several reasons to consider a plea agreement:

Certainty: instead of your chances at trial and sentencing, you'll know exactly what to charge, you will be found guilty of, and as you will be punished.Speed: criminal proceedings can take time to resolve. If you want to put the charges behind you, make amends and move forward in your life, the plea agreement can make that happen more quickly.Cost: tests are expensive. If you pay your lawyer for hours, the plea agreement will reduce your total costs. (In fact, this is one reason that the Prosecutor is also ready to consider a plea agreement.)

It is extremely important that you understand what happens when you take a plea agreement. In all probability of guilt would still be required to plead guilty in committing a crime (means that you will be convicted criminal). Furthermore plea may still require you to spend time in jail or pay a fine.

Before accepting guilt, ask yourself and your lawyer these questions:

What crimes I charged? AM I to agree to plead guilty in the same crimes in a plea agreement or charges will be reduced to less serious crimes? what is the probability that a judge or jury would find me guilty? What is the probability that a judge or jury would find me guilty? If I was charged with several offences, there are some accusations that I am less likely to be found guilty during the trial, the? what is the worst case scenario, if my case goes to court? What is the most likely result if my case goes to court? how much I will be long on legal fees if I agree with guilt? How much will I be long on legal fees if my case goes to court? how long does it take to resolve my case, if it goes to trial? Whether I will remain free on bail during that time? To stay in prison?

Any fault must be approved by the Court. Judge will talk with you personally and in open court, to make sure that the confession was voluntary and not as a result of force, threats or promises that are not included in the plea agreement. The judge also will explain all rights denial with the plea and the impact of fault. For example, you have said:

That waives the right to a jury and the right to appealThat waiver of the right to confront witnesses against youAbout maximum and minimum sentences may face and any fine you would pay if the case was brought before the Court

Laws and regulations of the Court in your area to specify exactly what the judge should tell you before you accept guilt. Most States follow federal regulations for the judges to discuss with the accused before the adoption of your guilt.

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