Pleas and Potential Consequences
Why do some people like/want probation?
Can the defendant talk to the judge? When can the defendant talk to the judge?
Yes. If the judge asks the defendant a direct question, when the defendant has permission.
How is having a trial different from just going to court?
There is only a trial if a defendant pleads Not Guilty, or Not Guilty by Reason of Insanity. If a defendant pleads Guilty or the Alford plea there is no trial.
Who can a defendant talk to in court whenever they want?
Their defense attorney.
Can a defendant laugh in court?
Why?
No.
It can appear like the defendant is not taking court seriously, can be seen as an act of disrespect, it can be distracting, it may appear as if defendant is internally distracted, etc.
Does everyone who gets arrested get sent to prison?
How come?
No, because a defendant has to say that they are guilty or has to be proven guilty in the eyes of the court to be punished.
Can a defendant talk to the jury? When can a defendant talk to the jury?
No, never.
What happens during a trial?
Both the prosecution and defense get to tell their story. One side gets to present their case first, then the other side gets to present their case. Each side asks questions and then the judge and jury listen to both sides. Then the judge or jury (depending on trial type) decide whether the defendant is guilty or innocent.
True or False:
A defendant should never talk in court.
False; if a defendant does not understand something they should ask their attorney, if a judge is talking to a defendant they should respond, if the defendant decides to testify.
Why might someone decide to plead guilty?
Because they did the alleged crime; because there is significant proof indicating that they might have committed the crime.
No, they are neutral; neither for or against the defendant.
There might not be a trial in a case. For example, if the defendant tells the judge that they are guilty or take a plea deal, then the defendant does not need a trial. If there is no trial, what happens?
The defendant likely accepts a plea deal. The judge would then sentence the defendant. The judge would not hear both sides. There is no jury.
The defendant is not supposed to talk to the witness themselves, the defense attorney can ask the witness about it; the lie will likely make the defendant appear worse in court.
What is an example of contempt of court?
A defendant making jokes in court, a defendant yelling in court, defendant being inappropriate in court, etc.
The verdict is what the judge or jury decides about the case. The plea is what the defendant enters that determines their court process.
The defense attorney, prosecutor, and/or the judge.
What is a possible bad thing about going to trial? What is a risk with going to trial?
The defendant could lose at trial. The defendant could be given a more severe penalty if found guilty at trial versus potential prior plea bargains.
What should a defendant do if their defense attorney wants them to take a plea deal, but the defendant does not want to?
The defendant should tell the defense attorney their concerns, talk to the attorney clearly and calmly about it, explain why they do not want to accept a plea deal, and explore outcomes of other options.
Can a defendant get mad in court?
What should a defendant do if they are getting upset?
Yes, but they need to be able to manage emotions; they are not allowed to yell or scream.
Tell the defense attorney, ask to take a break, take deep breaths, use coping skills.
Why do some people not like/want probation?
What is the defendant's job when they go to a hearing/trial/court?
To stay calm, be respectful, pay attention, listen to everything that is happening, quietly tell their attorney if they do not understand something, potentially to be a witness (if the defendant decides to do so).
When could a defendant go to court and not have a trial?
The prosecutor may try to confuse the defendant on the witness stand. When the prosecutor asks the defendant a question that they don't understand, what would be the wrong thing to say?
What could the defendant say instead?
"Yes I understand" just to answer the question.
The defendant could say "I don't understand what you are saying" or "ask me again please."
Why is it important to not stand up and move around when court is going on?
It can make the defendant look bad; it is important that a defendant be respectful and maintain their composure in court to help their case.