Questions tagged [plea]

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2answers
94 views

Can a prosecutor add evidence to increase punishment after a guilty plea is entered?

My next question is, after a defendant is indicted can the prosecutor keep adding to the case just so that they can increase the defendant guidelines? And after the defendant pleas guilty, can they ...
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1answer
34 views

Manafort plea deal and DOJ’s policies and procedures

I was reading about Manafort's plea deal on Politico when I came across the following paragraph: “What is most concerning to me is that Mr. Mueller, who is a part of the executive branch and is ...
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1answer
92 views

Minnesota Speeding Law [closed]

I currently am 21 years old and I had a great memorial weekend that ended with me getting the blue lights... I received a speeding ticket for I was going 71 in a 55mph zone.. I currently have been ...
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1answer
1k views

Any solid research on error rate of criminal conviction system: jury vs judges?

To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly ...
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1answer
46 views

What potential alternatives could replace plea bargaining? [closed]

If plea bargaining should be abolished or not is a relatively controversial topic since many consider it unfair. However, since courts are overflowing now, if plea bargaining was abolished it would ...
4
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1answer
262 views

How is conceding a client's guilt different from a guilty plea?

I'm asking this question in the context of the current Supreme Court case McCoy v. Louisiana in which the fundamental issue is whether it is unconstitutional for defense counsel to concede an accused'...
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1answer
61 views

Virginia prosecutor changed/added charges to original charge that one pled guilty to

I was charged by the police with two charges that were felony 5. I plead guilty. When I went to court the prosecutor added another charge and changed the felony 5 charges to felony 2 charges. The ...
2
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0answers
111 views

What does the phrase “…is well founded in fact and in law” mean?

I have a basic question that stems purely from curiosity. It might be important to mention that I am not a lawyer nor a student of law. I have read multiple pleadings in which some of them end with a ...
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2answers
143 views

Why did Reiser's prosecutor agree to a plea *after* Reiser had been convicted?

Hans Reiser was found guilty of first degree murder. However, his prosecutor agreed to a plea deal with him of second degree murder after this conviction, on the condition that Reiser reveal the ...
2
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1answer
170 views

Is there a concept of a plea-bargained confession in English law?

Forgive the basic questions, I know nothing about law. I’m writing a novel that ends with a serious crime and I’d be so grateful for assistance. A StackExchange user from the US suggested that a ...
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1answer
849 views

Does a ban on plea bargaining still permit defendants to plead guilty?

From my understanding, plea bargaining is the process where a defendant can plead guilty to a reduced charge. This means there is no trial, but a lesser sentence. I also know of fact bargaining - ...
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3answers
5k views

Can prosecutors change or add additional charges once you plead guilty?

Suppose you are charged with theft of trade secrets. If you decide to plead guilty, can the government add further charges or change the existing ones after seeing that you've pleaded guilty? For ...
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2answers
331 views

Why do criminal defendants routinely plead innocent? [duplicate]

When I read of criminal cases in the news, it seems like the defendants routinely plead innocent even when the evidence against them is overwhelming and conviction seems like a near certainty. Why do ...
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3answers
230 views

Can a public defender threaten a defendant into signing a plea using false promises?

Can a public defender threaten someone into signing using strong methods such as this? "If you don't sign this plea for 15 years, I promise the state will prosecute you for 25 years and win!!!"
2
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1answer
93 views

If a plea was entered and later found the penalty for the charge was cruel and unusual, could the plea be withdrawn?

If a plea was entered and it was later found that the penalty for the charge was cruel and unusual, could that plea be withdrawn? If so, are there any authorities around this scenario?
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6answers
2k views

Ethics of Plea Bargains [closed]

Defendants are punished for exercising their right to trial - the State advocates for the harshest possible punishment unless the defendant enters into a plea bargain which requires the defendant to, ...
3
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2answers
525 views

Why do the accused rarely plead guilty?

I notice that in the United States it seems like the accused rarely plead guilty in the case of a serious crime, even if the evidence is overwhelming. Not infrequently I will see cases in which the ...
5
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1answer
465 views

How can Not Guilty by Reason of Insanity and Guilty but Insane exist in the same legal system?

I was reading about the two types on insanity pleas, known as NGBI and GBMI. For example, a good excerpt is here on Google Books. However, something very obvious is bothering me: How can you have a ...
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1answer
131 views

Can you request Deferred Disposition in Austin TX after pleading Not Guilty?

Is it possible to request Deferred Disposition in Austin, Texas, on a moving violation (pdf) (2013), after having plead Not Guilty (and possibly having moved for Discovery)? Could this be done at any ...
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1answer
317 views

How do I go about having a guilty plea withdrawn in New York?

I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration....