Trial Info
What happens during a trial?
The prosecutor and defense attorney present evidence to prove a defendant guilty or not guilty. The judge or the jury will decide the verdict.
Is there any reason to believe that the judge would treat someone differently from another defendant?
No, the judge treats all defendants equally.
What is the maximum sentence for a class 1 misdemeanor?
1 year.
My sentencing maximum is 15 years. The prosecutor offers 12 years plus 3 years probation. Is this a good or bad deal?
Bad deal.
What does it mean to be rational?
It means that your thought process and decision making makes sense based on the facts rather than emotions.
Can evidence be used for you, against you, or either/both?
Either/both.
Can the judge make you tell your side of the story or do you have the right to remain silent?
Right to remain silent.
What is the sentencing range for a class 6 felony?
1-5 years.
My sentencing maximum is 15 years. The prosecutor offers 2 years plus 1 year probation. Is this a good or bad deal?
Good deal.
If there is no evidence against me and the prosecutor offers a plea bargain, would it be rational to accept that plea bargain? Why or why not?
No, because it wouldn't make sense for someone to accept time in jail when their lawyer believes they can get the defendant no time in jail.
What rights do you lose if you are convicted of a felony?
Right to vote and own a gun.
If you choose to testify, can you pick and choose which questions you answer or do you have to answer all of them?
You have to answer all of them.
It could be a fine or jail time.
My sentencing maximum is 15 years. The prosecutor has a lot of evidence proving that I committed the crime and my lawyer does not think we will beat the case. The prosecutor offers 5 years. Is this a good or bad deal?
If there is a lot of evidence against me and the prosecutor offers a plea bargain for half of my maximum sentence, would it be rational to accept this deal? Why or why not?
Yes because the evidence is not in my favor.
What rights do you lose if you choose to plead guilty/accept a plea bargain?
Right to trial and appeal.
If someone else is testifying and they're saying something that is not true, what should you do?
Your lawyer should object. If they do not, whisper to them or write a note telling them that the person on the stand is lying.
What is the sentencing range for a class 5 felony?
1-10 years.
My sentencing maximum is 15 years. The prosecutor does not have a lot of evidence against me, but they offer a deal for 5 years. My lawyer thinks we can beat the case. Is this a good or bad deal?
Bad deal.
I am charged with a Class 1 misdemeanor (MAX 1 YEAR), and I want to look into pleading NGRI because I heard from a friend that it is faster than jail time. Is this rational?
No, NGRI acquittees are in the hospital for an average of 6 years. Do not serve more time than needed.
What is a hung jury?
When the jury cannot come to a decision on the case.
Why is it important to be honest with your attorney, even if it makes you look "bad"?
It gives your attorney time to prepare incase the topic is brought up in court. Your attorney is there to help you get the best possible outcome.
What is the sentencing range for a class 4 felony?
2-10 years.
My sentencing maximum is 15 years. There is equal evidence on both sides. The prosecutor offers a deal for 6 years, but I am thinking that I want to plead NGRI to get further assistance with my mental health because I do not think I can manage my symptoms on my own yet. Should I accept a plea bargain or plead NGRI?
Plead NGRI.
I am charged with assault and want to plead not guilty. The evaluator asks why I want to plead not guilty, and I say that the person who got hurt deserved it. Is this a rational explanation?
No, this reasoning is based on emotion rather than facts.