Pleas
Admitting that you did the crime
guilty
Makes sure that the everyone in the court is following the rules and must remain neutral.
Judge
Which is the less serious crime, misdemeanor or felony?
misdemeanor
True or False: You can get up and say what you want in the courtroom any time that you want.
False: You speak if you take the stand or if the judge ask you to speak.
Are you allowed to have a copy of your criminal complaint/police report?
Yes, you can have a copy of your criminal complaint and can request one from your social worker.
Saying you did not commit the crime.
not guilty
The person charged with committing the crime (ME)
Defendant
In a Bench Trial who gives the Verdict and Sentence?
Judge
True or False: You cannot ask your attorney questions or talk to them during court
False: You want to be discreet and not disrupt court. Whisper or pass your attorney a note.
If you enter a plea of guilty, will you have a trial?
No, you will be sentenced but a trial is not necessary as the purpose of trial is to determine guilt or innocence.
What is no contest
You're not admitting that you did the crime, but you're also not saying that you didn't do it. You're leaving the decision up to the judge
What is the defense attorney?
This is the lawyer on your side. Tries to prove that you are innocent
What is a Felony?
A more serious crime. Punishable by going to Prison. Sentences for felonies range from one year to life in prison.
What is perjury?
A new charge if you lie in court
Facts/objects that prove either innocence or guilt (videotapes, DNA, fingerprints, witness testimony)
What is evidence?
What does NGRI mean?
Not Guilty by Reason of Insanity: Stating that you did do the crime, but that you're not guilty because you were unable to tell the difference between right and wrong at the time of the crime.
Give one example of an expert witness.
A person who is accepted by the court as an expert or a professional in a particular subject. For example, psychiatrists and psychologists, even if you think they are wrong.
Psychologist, Forensic DNA expert, medical experts, parenting experts, etc
What is a conditional release/parole?
If you are given this, it means that you are released into the community with conditions or rules that you must follow.
What is contempt of court?
A new charge if you misbehave in court.
Understanding your rights and the charges against you and being able to work with your attorney to assist in your own defense. This is known as ____________.
Competency
What happens in a plea bargain?
You plead guilty or no contest to a charge (often a lesser charge), the prosecutor agrees to let you have an easier penalty, and may drop other charges. You, the Prosecuting Attorney, and the Judge must agree.
Who is the attorney that is against you and is trying to convict you?
Prosecutor
What could happen if you do not work with your attorney and tell them everything?
They will not be able to help me build the best possible defense for my case.
True or False: If a witness is lying on the stand, it is your right to yell out in the courtroom to let everyone know that they are not telling the truth
False: Quietly let your attorney know they are lying.
Mr. Jones was offered a plea bargain in which he can plea guilty for reckless driving (misdemeanor) instead of a DUI (felony). He is insistent that he does not want to plea down and wants to go to court to fight the charge. His attorney advises against this due to the amount of evidence against him. Can Mr. Jones reject the plea deal and go to court?
Yes, Mr. Jones has the right to go against the advise of his counsel, even if he may be making a bad decision.