What the Plea?
This plea means that the defendant did the crime as charged.
Guilty
I advise and protect the defendant’s constitutional rights, decide the verdict when there is no jury, and determine proper court procedures.
Judge
If the defendant believes a witness is lying on the witness stand, what should be done?
The defendant should let their attorney know by writing them a note or by telling them in a quiet voice.
Is a felony or a misdemeanor more serious?
Felony
The decision or judgment (i.e. guilty or innocent) that can be made by either the judge or the jury, depending on the type of trial.
Verdict
This plea means that the defendant did not do the crime as charged.
Not Guilty
I negotiate plea bargains with the district attorney for the defendant with their permission.
Public Defender
If the defendant cannot afford a lawyer, what happens?
The court will appoint an attorney for the defendant.
What does a 1370 penal code charge mean?
Incompetent to Stand Trial
This term refers to the process of determining the appropriate punishment or penalty for a convicted defendant.
Sentencing
When this plea is chosen, there is a trial where the public defender has to prove that the defendant was insane at the time of the crime.
Not guilty by reason of insanity
I file charges against the defendant and gather evidence to try and prove that the defendant is guilty.
District Attorney
If a defendant pleads Not Guilty what will occur?
There will be a trial and the defendant will work with their attorney to prove they are not guilty.
What is the maximum commitment for a PC 1370?
Two Years
This form of evidence may be items such as weapons, fingerprints, or evidence.
Physical Evidence
This plea cannot be used against the defendant in a civil trial for damages and the defendant gives up the right to a trial which results in the defendant going straight to sentencing.
No contest
There are twelve individuals that listen to evidence and decide the verdict.
Jury
What happens if the defendant has a jury trial?
The jury decides if the defendant is guilty or not guilty.
This term means that because of the Defendant’s mental condition, he/she either cannot understand what is happening in court or cannot cooperate with a lawyer.
Incompetent to Stand Trial
This form of evidence may involve the questioning of witnesses for important information.
Testimonial Evidence
With the approval of the judge, the defendant agrees to plead guilty or no contest in exchange for a lower sentence or lesser charges.
Plea Bargain
I am individual who may be called to testify on behalf of the defendant or against the defendant during a trial.
Witness
If a defendant is placed on probation what are the conditions of the probation?
The defendant must attend regular meeting with their probation officer, no use of alcohol or drugs, no violations of the law, and no requirement to receive mental health treatment.
How can the defendant help their public defender?
The defendant should tell the Public Defender everything they remember about their case, ask questions, communicate, and listen to their public defender's advice.
What two pleas could a defendant enter to get a plea bargain?
No Contest or Guilty