Plea Processes
If I plead guilty, what happens next?
The judge gives me a sentence
If I am found guilty, what happens next?
Receive a sentence
If I am accused of committing a crime and they have little to no evidence against me, what is likely my best plea strategy?
Not guilty
If I am offered a plea bargain to serve 2 years in prison when my max is 10, is this a good deal?
Yes
You are the only person who can make a plea in response to your charges.
True or False
TRUE: No one else can make a plea for you, although your defense attorney will give you advice on which plea they think will be most successful.
If I plead not guilty, what happens next?
I go to trial
If I am found not guilty, what happens next?
I go home
If I am accused of committing a crime and they have a lot of evidence against me and multiple witnesses placing me at the scene of the crime, what is likely my best plea strategy?
Guilty
If I am offered a plea bargain where I have to serve 12 years and my max is 15, is this a good deal?
No
What do you have to plead for a chance to get a plea bargain? Is a plea bargain guaranteed?
You must plead GUILTY.
&
A Plea Bargain is NOT GUARANTEED.
If I plead no contest, what happens next?
I am not fighting the charge, the judge gives me a sentence
If I am found NGRI, what happens next?
I go to a psychiatric hospital
If I am accused of committing a crime and there is equal evidence on both sides, but I do not want to fight my charge, what is likely my best plea strategy?
No contest
If I am offered a plea bargain where I serve 5 years and my max is 10, but I have strong evidence proving my innocence and my lawyer believes we can beat the case, is this a good deal?
No
Until you're competent to stand trial, your case is ACTIVE and your attorney is waiting for you to make a plea ASAP.
True or False
FALSE! Until you're competent to stand trial, your case is on HOLD. Even if you're ready to enter a plea before you are competent, you must wait until you're found competent before your attorney can move forward with your case.
If I plead NGRI, what happens next?
I go to trial to determine if I was not in my right mind at the time of the crime
How long can I stay at a psychiatric hospital if I am found NGRI?
If I am accused of committing a crime and I have a history of mental illness and my mental illness impairs my ability to make informed decisions, what is likely my best plea strategy?
NGRI
If I am offered a deal where I serve 10 years when my max is 25 years, and the commonwealth has strong evidence that proves me guilty, is this a good deal?
Yes
After pleading guilty, you LOSE YOUR 5th AMENDMENT right to remain silent. The judge may ask you to explain the crime you are pleading guilty to, called an ALLOCUTION statement. This ensures you understand the facts of the case and are pleading guilty VOLUNTARILY and KNOWINGLY.
True or False
True! An Allocution statement is an opportunity to:
- Address the court
- Express remorse
- Offer any mitigating factors for sentencing.
When you plead NGRI, who will determine if you have a mental illness and were not in your right state of mind at the time of the crime?
A mental health professional
Can I be found "No contest"?
No. You can plea no contest, but you can only be found guilty, not guilty, and NGRI
If I am unsure which plea strategy best fits my situation, who should I ask for advice?
Defense attorney
Is every plea bargain offer going to be a good deal?
No. It depends on the situation
What rights do you lose when you are convicted of a FELONY VS when you accept a Plea Bargain/PLEAD GUILTY?
Convicted of a Felony = right to BEAR ARMS (own a gun) and right to VOTE
Accept a plea bargain/plead Guilty = right to a TRIAL and right to an APPEAL