PLEA OPTIONS
Explain what it means to plead not guilty.
Saying you did not commit the crime; requiring the prosecution to prove the charges in court (burden of proof)
Describe the role of the judge.
Maintains order, knows laws, decides verdict (bench trial), decides sentencing
What is evidence? Give an exmaple.
Information used in court to prove or disprove something;
Photos, videos, documents; testimony; DNA; fingerprints; crime scene items
Describe how you should act in court.
Calm, respectful, quiet, listen, follow instructions, dress appropriately, etc.
Name the differences between a felony and a misdemeanor charge.
Felony is more serious offense than misdemeanor; jail/prison time for a felony is 1 year to life, jail/prison time for a misdemeanor is up to 1 year.
What is NGRI? Explain what it means to enter an NGRI plea.
Not guilty by reason of insanity; not legally responsible due to mental disease or defect at the time of the offense
Describe the role of the defense attorney.
To get you (the defendant) the best possible outcome; protect your rights
What does a witness do during a jury trial?
Answers questions, tell what they know about the case, takes an oath, promises to tell the truth
If someone is found guilty, what happens next?
Attend sentencing hearing
Judge decides sentence
Can be sentenced to jail/prison, fines, probation, community service, suspended sentence
Name three consequences if someone is found guilty of a crime.
Jail/prison; probation/parole; fines; community service
Explain what it means to plead no contest.
Defendant does NOT admit guilt but does not want to fight the charges because they believe there is enough evidence to convict; accepts that the court can treat them similar to someone who entered a guilty plea
Describe the role of the Commonwealth's Attorney/Prosecutor.
To represent the state. They are against you in court and will present evidence to try to prove you are guilty.
Explain what a verdict means. Who decides the verdict?
The decision about whether the defendant is guilty or not guilty;
judge or jury
Explain why a defendant might choose a plea bargain instead of going to trial.
Prosecution has a lot of evidence; saves time/speeds things along; alleviates anxiety, defendant knows the outcome; benefits of lower-level offense/less time
Legal rights that are lost when someone is convicted of a felony.
Right to own a firearm and right to vote.
Before deciding which plea to enter, what are some things a defendant should consider/discuss with their attorney?
Strength of evidence, possible outcomes, risks/benefits, possible sentences, options
Describe the role of a jury. How many people are part of a jury?
The jury members listen to the evidence and decide if the defendant is guilty or not based on the evidence presented during the trial; 12
Explain what cross examination means. Why do they do this?
When the other side's attorney questions a witness;
to keep things fair, challenge information, clarify or test credibility
Why is it important to know the details about your case, including evidence?
Because knowing the details allows you to help your attorney decide on the best defense strategy and lets you make informed decisions.
Describe probation. What happens if you violate probation?
You get to go home, instead of serving time in jail, but you have to follow certain guidelines/rules;
You go back to jail to serve your sentence.
Legal right the defendant gives up after entering a guilty or no contest plea.
Right to jury trial; right to appeal
Describe attorney client privilege. Why does it exist?
The client can speak openly and freely to their attorney; conversations are private, protected, confidential; Allows defendant to be honest so attorney can provide best legal advice
What is the difference between a bench trial and jury trial?
In a bench trial, the judge decides the verdict.
In a jury trial, the jury decides the verdict.
Describe two ways you can help your atttorney.
Being engaged in the process; attending meetings; being open to listening to advice and asking questions; sharing all information you have about the case; behaving appropriately in court
Explain why two people charged with the same crime might receive different outcomes.
Evidence; criminal history; plea agreements; sentencing guidelines; mitigating factors; judge's decision