Plea Bargains
What is a Plea Bargain?
A Plea Bargain is an agreement between the Public Defender and the District Attorney to lower sentencing or for reduced charges
If a Defendant is convicted of a Felony, where will they serve their time?
*Prison
*Under certain circumstances, Suspended sentences "probation" can be offered as a part of a plea bargain
How should you communicate with your attorney while in court?
Whisper or write a note.
What is staffing interview or dispositional staffing?
The purpose of the staffing interview is to see if you meet the competency requirements before sending you back to court
What is the purpose of jail?
To hold defendants in custody to make sure they appear for court
Who approves the Plea Bargain?
*The Judge
*The Defendant accepts or declines once it is approved
Who decides what charges to file, the DA or the Police?
*The District Attorney (DA) files charges
*The Police make the arrest and write a report
Name two rules the defendant must follow in court?
*Follow the instructions of the bailiff
*Stay in your seat unless told to stand
*Never shout anything out loud
*Answer directly and truthfully if the judge asks you a question
Can you name all the members of your treatment team?
*Psychiatrist
*Psychologist
*Competency Trainer
*Therapist
*Program Director/Unit Supervisors
*Nurse(s)
Name at least two things that will cause you stress while in jail?
*Boredom
*Intimidation
*Loss of Freedom
*No food choices
*No privacy
*Loud/Noisy
How does a Plea Bargain get offered to a defendant?
*The Attorney will get offered a deal from the DA
*They Will explain the deal to the Defendant and advise them whether or not to accept it
*If accepted, the Judge must approve it
What does someone need to know about their case to make an informed decision in court?
*Their charges (mandatory)
*The sentencing guidelines for each charge
*If a deal was offered
*How much time they have already served
What is Perjury?
Perjury meant to tell a lie in court
You must have knowledge of what...to return to court? Name at least 2
*Your criminal case
*Basic Please and Plea bargaining
*Legal Rights
*Court Personnel
*Trial Process
What is one coping skill you can use if you are bored?
*Reading
*Watch TV
*Write letters/journal
*Play cards with peers
*Play games with peers
What are the advantages of accepting a Plea Bargain?
*Avoid the stress of Trial by knowing the sentence before pleading guilty
*Reduced sentence!
*The case gets settled quicker
*Released from jail, IF offered probation
There are 4 things that need to be met in order to file charges against someone: Can you name at least 2?
* The DA personally believes the defendant is guilty
*The evidence show the defendant committed the crime
*The evidence is legally admissible in court
*The evidence would convince a jury of guilt
What does it mean to be held in contempt of court?
To be held in Contempt of Court means that the judge can punish anyone who misbehaves in court
What type of behavior and presentation must you demonstrate to return to court?
*Demonstrate mental stability and self-control...what does that mean? Give an example
*Being able to think and communicate clearly - ie. Good decision-making
What is one coping skill you can use if you are worried about weight gain?
*Do push ups/exercise
*Walk
*Breath deeply
*Create a food journal
*Talk to dietician or nurse/doctor
What does it mean if you accept a Plea Bargain? Name at least 3 things
Accepting a Plea Bargain means:
1. Giving up a right to a trial
2. Pleading guilty or no contest
3. Must sign a legal agreement
4. Having a sentencing hearing
5. Will be convicted of a crime
What are the sentencing guidelines? Why do they matter?
Sentencing guidelines are the standards for determining the punishment that a person convicted of a crime should receive, based on the nature of the crime and the offender's criminal history.
Fill in the blank:
Ralph's attorney thought he should not testify because he might _____________himself.
Incriminate
What does the verdict of Not Guilt by reason of Insanity (NGI) mean? What happens next?
NGI means not criminally responsible, the person needs psychiatric treatment and is sent to the State Hospital
Name at least 3 things you can do to cope with being in jail and have a successful outcome.
*Occupy your mind: read, listen to music, draw, color
*Take your prescribed medications
*Stay connected to others but don't meddle
*Use personal and spiritual resources
*Take advantage of leisure groups and resources