Plea bargains
What is a plea bargain?
It is an agreement or deal made between the public defender and the DA that may result in a lesser charge or sentence
What are the 2 types of trials?
Jury Trial
Court (Bench) Trial
What are the 4 pleas?
Guilty
Not guilty
No contest (Nolo Contendre)
Not guilty by reason of insanity
Who is neutral and presides over the courtroom, making sure you receive a fair trial?
The judge
What are the 2 types of evidence?
Physical and testimonial
What 2 pleas can you enter in order to accept a plea bargain?
Guilty or No Contest
What type of trial is judged by 12 people that chosen among the citizens in the county?
A Jury Trial
What does NGI stand for and what does it mean?
Not guilty by reason of insanity
means that you didn’t know “right from wrong” during the time of the crime committed due to symptoms of a severe mental illness.
This person is AGAINST you and file charges AGAINST you with the court. They are a lawyer who prosecutes cases on behalf of the people of the state of California.
The District Attorney (DA)
also called:
Prosecuting attorney
Prosecutor
In a JURY trial, who decides the verdict?
The Jury
What rights do you give up when you enter into a plea bargain?
What type of trial does not have a jury and lets the judge hear your case and decide whether you’re guilty or not guilty?
Court (bench) trial
What does no contest (nolo contendre) mean?
That you’re accepting the punishment for the crime, but I do not admit guilt.
This person is there to help you and speaks for you in court. They may also try to get charges against you dropped or lessened.
The Public Defender
also called:
Your lawyer
Defense attorney
What is the difference between a misdemeanor and a felony?
What are some advantages if you accept a plea bargain?
Any of these answers are correct:
Avoiding the stress of a trial
You can receive a lower sentence than if convicted at trial
The case is settled quicker
You know the sentence BEFORE pleading guilty or no contest
What must all 12 jury members do in a jury trial to reach an unanimous verdict?
They must ALL agree.
What 2 pleas go to trial?
Not guilty and not guilty by reason of insanity (NGI)
There are 12 citizens randomly selected from the community to observe the trial, listen to the arguments on both sides, and decide the facts of the case.
The jury
What is a preliminary hearing?
This is the hearing by a judge to determine whether a person charged with a crime should be held a trial. It is held to determine whether or not there is probable cause to require the accused to stand trial.
This hearing will NOT determine guilt or innocence but if there is enough evidence to hold a trial before a jury.
If you accept a plea bargain it means you:
Any of these answers are correct:
will sign a legal agreement
Will have a sentencing hearing
Are convicted of a crime
What constitutional right do you have as a defendant?
A right to a jury trial
What happens when you plead no contest?
You are sentenced and convicted of a crime.
You cannot change your mind later if you plead no contest.
Who uses a stenograph machine to keep a record of everything said during the court proceedings?
The Court Reporter
What is a verdict?
The final decision of a jury determine a defendant’s guilt or innocence