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What percent of sentences are imposed in criminal cases because of guilty pleas rather than trials?
According to Criminal Justice a Brief Introduction for CRJ 101 by: Frank Schmalleger the answer is 82%
Why would you plea bargain?
To get a reduced sentence for pleading guilty to a 'lesser' offense - especially if you (or your attorney) believes that your case will go against you at trial. It can work like this: You committed a burglary (felony crime) and are arrested and charged - you are thinking of going to trial but you or your attorney aren't too sure you'll beat it and you'll be sentenced to a felony term in prison for the crime. You offer to plead guilty to a 'lesser' offense' (e.g.- 'Unlawful Entry' and 'Taking Property Without Right' both are misdemeanor offenses). The state saves itself the work and the cost of a trial but gets a conviction which sends you to jail, and you wind up with a reduced sentence, for committing misdemeanor offenses, instead of facing felony 'hard time' in prison. Except for the fact that you were dumb enough to commit the crime in the first place, it is a win-win situation for all concerned.
If the defendant is offered and agrees to a plea bargain of twenty years but only if he or she takes the stand can a judge over rule the plea bargain by adding more to the twenty years?
A judge does not have to accept a plea bargain agreement. Normally, a judge accepts the agreement. The judge realizes that the defendant is taking a risk by taking the stand. Almost no judge would add anything to a sentence under that condition.
Can federal law override a plea bargain in state court?
yes
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
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.
A suspect chose to plea bargain rather then have a trial?
This is always a 'chancy' decision. Even if the defendant and the prosecutor agree to the bargain they struck, the judge is not bound to agree with the bargained down plea. There have been instances in which judges have nullified the plea bargain and tried the defendant on the original charges.
Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
How does a plea bargain benefit judge?
A plea bargain benefits a judge by avoiding a lengthy trial. It is supposed to be an agreement to a lesser charge in exchange for a guilty plea, however it has been usurped by prosecutors and judges who only agree to token reductions and often threaten accused with further charges or spousal inclusion in indictments if plea agreements are not signed.
Can you take back a plea before sentencing?
Yes, You can change your plea before sentancing, just tell your attorney or the judge you want to change your plea, its your right to decide what you want, a plea bargain is just a bargain to lower your charges. have fun and good luck!
Are plea bargining becoming increasingly rare especially in urban court systems?
It is false that plea bargaining is becoming increasingly rare, especially in urban court systems. A plea bargain is also referred to as a plea agreement.
In California can you appeal a plea bargain for a misdemeanor?
You can file the motion and hold your breath - but - if the plea was the result of a plea bargain, essentially YOU agreed to the plea. How can you appeal your OWN self-bargained plea.
An agreement between the prosecution and the accused to agree to a lesser charge is known as?
Plea bargain.
Can a judge prevent you from taking the plea?
A judge cannot stop you from making a plea deal with the prosecutor, but he does NOT have to accept your plea to a lesser offense. EXPLANATION: The prosecutor (with who you make the plea bargain) is a member of the EXECUTIVE BRANCH of government. The judge is a member of the JUCICIAL BRANCH of government. When the prosecutor makes the deal with you he cannot speak for the other branch of the government. If the judge feels that the plea deal is too lenient, or that your crime was too heinous to be reduced, he does not have to accept your plea to a more lenient deal.
