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Grow Your Legal Practice. Meet the Editors. Pleading Guilty: What Happens in Court. When defendants enter a negotiated plea, judges make sure they understand the trial rights they are giving up. The Judge's Review As a practical matter, many judges go along with plea bargains as long as the agreed-upon sentences are within the range of what they consider fair. Making Sure the Defendant Understands the Rights He's Giving Up: "Knowing and Intelligent" Waivers Even if the deal seems fair, judges typically engage defendants in a courtroom "colloquy," or verbal exchange, to make sure that defendants have committed the offenses to which they are pleading guilty.
For a "knowing and intelligent" guilty plea to be made, defendants have to: admit the conduct made punishable by the law admit and understand the charges against them know the consequences of the plea both the sentence as it stands and the possible sentences that could be given were the defendant to have a trial , and know and understand the rights that they are waiving giving up by pleading guilty, including 1 the right to counsel if unrepresented, 2 the right to a jury trial, 3 the right not to incriminate themselves, and 4 the right to confront and cross-examine their accusers.
Questioning by the Judge Usually the judge asks the defendant a fairly long list of questions to determine whether the plea is knowing and intelligent. Talk to a Lawyer Start here to find criminal defense lawyers near you.
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To do so means that you are taking responsibility for what you have been accused of and admitting that you did indeed break the law. However, the difference is that you are then arguing that there may have been a reason for the violation or some other circumstance which would make the normal punishment for the charges unfair in your case.
There can sometimes be external factors in your life that led to your commission of a traffic violation and many judges understand that there are extenuating circumstances in certain cases. To plead guilty with an explanation is essentially asking the court to show mercy given the specific facts of your case. However, the downside is that the offense will end up being recorded on your driving record as a guilty plea. This means your insurance rates will still rise and your record will still be visible to those doing a background check.
If you truly believe you should be considered innocent, then it might make more sense to plead not guilty and have your Maryland defense attorney try to convince the judge of why you do not deserve to be convicted.
The police prosecutor reads out the statement of alleged facts. The magistrate finds you guilty and gives you a penalty. If you plead guilty the magistrate treats your plea as a sign that you are co-operating and may give you a less severe penalty.
If you have to go to court for a criminal offence you have three options:. See also Representing yourself in a criminal case. On the day of your hearing , go to the court counter and tell the staff that you are pleading guilty.
The court staff will send your file into the courtroom. This lets the magistrate know that your case can be heard. Stay close to the courtroom or go in there and wait for your name to be called. This may take a while If you wait in the courtroom, you can watch how other matters are heard. When your name is called, go to the bar table.
Stand at the opposite end of the table from the prosecutor. The court clerk or magistrate reads out the charge. Then they ask you if you are pleading guilty or not guilty.
This is when you say you are pleading guilty. See Serious criminal charges. The prosecutor reads out the statement of alleged facts. This comes from the brief of evidence. The magistrate asks you if you agree with the statement or if it is a fair account of what happened.
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