Module 4
What does collaborate mean?
Work together to create something.
What is Burden of Proof?
You are considered innocent until proven guilty.
If you plead guilty, you are admitting that you did what you are accused of (True or False)
True. A guilty plea is admitting to the crime you have been accused of.
What is a plea bargain?
If you plead guilty to a charge (often a lesser charge), the prosecutor agrees to let you have an easier penalty and may drop other charges. You, the Prosecutor and the Judge must all agree to this.
What does Pro Se mean?
Advocating on one's own behalf before a court rather than being represented by a lawyer.
Explain what a charge is?
This is written on a piece of paper by the prosecutor and says what law you are accused of breaking.
If you plead “no contest” you are giving up your right to a trial and the judge will decide what happens. (True or False)
True. When pleading no contest, you are not saying you are guilty or not guilty, you are saying that you cannot prove your innocence and are asking for the judge to decide what happens.
What does acquittal mean?
You go to trial and are found not guilty
What does client-attorney privilege mean?
Talk to your attorney about in confidential. This gives you the ability to be completely honest with your attorney about all details of your case.
If you have been charged with a crime, it means the judge has proof you did something wrong (True or False)
False. If you have been charged with a crime, it means the district attorney wrote to the court stating what law you are accused of breaking.
My attorney can help me understand my options regarding pleas. (True or False)
True. Your attorney is there to help you, answer any questions you may have and give you advice.
What is a hospital commitment?
This would mean you go to a state facility, probably in a hospital until you are well and safe. This commitment is NOT for a set time but is in place until your mental health illness is stable and you are not dangerous to yourself or others. This could be days or for the rest of your life.
What should I do if I disagree with something my attorney tells me?
Discuss their concerns or differing opinions in a reasonable manner. Take into consideration the advice of the attorney.
What is the job of the district attorney (Prosecutor)?
To present evidence that you are guilty
What are the 4 different types of Pleas and what do they mean.
Guilty: You admit that you did or take responsibility for what you were accused of doing. If you plead guilty, you give up your right to a trial and the judge will decide what happens.
Not Guilty: You are saying that you did not do or do not accept responsibility for what you are accused of doing. If you plead not guilty, there will be a trial to determine if you are guilty or not guilty.
No Contest/Nolo contendere: Latin for “I do not wish to contend “meaning you are not saying you are guilty, but also not saying you are not guilty. You may plead no contest because you feel you cannot prove your innocence. If you please No contest, you give up the right to a trial and the judge decides what happens; you put yourself on the mercy of the court.
Not Guilty by Reason of Insanity (NGRI): Saying that you did the crime you are accused of. At the time of the crime, you did not know right from wrong because of your mental illness.
What is a Defferred Sentence and a Suspended sentence?
Deferred Sentencing: The Judge decides to give you a length of time to show that you can do well and not get into trouble instead of having to go to jail. If you do well during this length of time, you will not be prosecuted. During this time, you will probably be asked to report to a probation officer. If you accrue new charges or don’t follow the rules, you can serve original sentence in full.
Suspended Sentence: The Judge has found you guilty and has imposed a sentence, but based on his/her belief that you can do well, give you the opportunity to not serve your sentence. During the length of your sentence, you will probably be asked to report to a probation officer. If you accrue new charges or don’t follow the rules, you can serve original sentence in full.