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30 votes

Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

Yes. Juries aren't terribly accurate. There is an irreducible chance that no matter how clear the outcome should be that the jury will get it wrong. Based upon a review of the academic literature on ...
ohwilleke's user avatar
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25 votes
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How is a plea agreement NOT a “threat or promise”?

This is covered by Rules of Federal Criminal Procedure Rule 11, which says that Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and ...
user6726's user avatar
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22 votes
Accepted

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

Under the Federal Rules of Criminal Procedure (Rule 11(b)(1)), a federal court may not accept a guilty plea without first addressing the defendant personally in open court. During this address, there ...
cpast's user avatar
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15 votes
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Alternatives to pleading the 5th that also offers protection

united-states It is not required for a person to formally assert a fifth- or a first-amendment right when questioned by the police. One can simply be silent, refuse to answer any questions, without ...
David Siegel's user avatar
13 votes
Accepted

Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

For the plea deal to be considered by the judge, it had to be disclosed in court to the judge. Only in extremely extraordinary circumstances would court proceedings be closed to the public. However, ...
Jen's user avatar
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12 votes

What are the similarities and differences between civil settlements and criminal plea deals?

They both end the litigation by way of agreement. But a settlement does not generally result in a court order recognizing the terms of the settlement. The only court order may be one dismissing the ...
Jen's user avatar
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11 votes
Accepted

Can a private contract obligate someone to exercise their right to a jury trial?

Can I and several thousand of my closest, most-likely-to-be-arrested friends contract with each other and agree to insist that any criminal case against us go to trial, in exchange for everyone else ...
ohwilleke's user avatar
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10 votes
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What percentage of jury trials are unclear verdicts at start, vs cases where defended really should have plead for lesser charges?

Without being omniscient, it is impossible to pin down an exact percentage, and there are a lot of context specific reasons why some kinds of "easy" cases are more likely to go to trial than ...
ohwilleke's user avatar
  • 220k
10 votes

Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

The defendant cannot be sure that the evidence will leave the trier of fact (judge or jury) with no reasonable doubt that the defendant committed the crime. Thus, the defendant can only "know&...
Jen's user avatar
  • 59.1k
9 votes

Alternatives to pleading the 5th that also offers protection

The speaker in the video, James Duane, published a follow-up book, You Have the Right to Remain Innocent. To summarize it: Don’t talk to police. Don’t plead the fifth. Plead the sixth. These are ...
Roman Odaisky's user avatar
9 votes

Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

In the English legal system you get a small bonus for pleading guilty early. Since that might equate (in a murder trial) to less than a few months of additional jail time after a potential sentence of ...
Richard's user avatar
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9 votes
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Is it possible to go to trial while pleading guilty to some or all charges?

A. Is it procedurally possible for the defendant to plead guilty to all charges but still insist on going to trial anyway (e.g. if the defendant believes that the judge will deliver a sentence that is ...
ohwilleke's user avatar
  • 220k
9 votes

What are the similarities and differences between civil settlements and criminal plea deals?

No. Or at least not always, not everywhere. In a plea bargain, the defendant admits to some or all of a crime in the expectation that doing so would cause a lower sentence. There are some places where ...
o.m.'s user avatar
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7 votes
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How are plea bargains legal?

The constitutional provision quoted in the question has been interpreted to require that a jury trial be available to a person accused of crime by the US Federal Government. Then accused is free to ...
David Siegel's user avatar
7 votes
Accepted

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

The plea is entered before the trial. The concession of guilt happens during trial: the lawyer acknowledges that the defendant did the crime, but argues that it should be overlooked in some way. For ...
bdb484's user avatar
  • 60.6k
6 votes

Alternatives to pleading the 5th that also offers protection

You must plead the Fifth under the following circumstances. 1: during a custody interrogation, where you want to terminate the questioning. 2: when testifying in a legal proceeding (and not guaranteed ...
user6726's user avatar
  • 215k
6 votes

Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

No, there was no legal requirement that the plea agreement be announced. Practically, it is unlikely that in a high profile case like this a plea agreement would be reached and no details would leak ...
Justin Cave's user avatar
  • 3,082
6 votes

Is it possible to go to trial while pleading guilty to some or all charges?

canada It is very common for an accused to plead guilty but still contest the sentencing. By pleading guilty, the accused is consenting to the conviction without a trial. See R. v. Richard, [1996] 3 ...
Jen's user avatar
  • 59.1k
5 votes

What percentage of jury trials are unclear verdicts at start, vs cases where defended really should have plead for lesser charges?

I think virtually every trial lawyer will tell you that the verdict is never clear until it's in. There's just so much that can go right or wrong in a trial that it becomes impossible to make reliable ...
bdb484's user avatar
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5 votes
Accepted

What kind of claims did Ryan Salame forfeit in the FTX trial?

No claims against FTX were involved, it's all money lost by Salame to the government to satisfy the judgment from his guilty plea. Ars Technica reports: A money judgment of $1.56 billion was entered ...
Trish's user avatar
  • 40.4k
5 votes

Powell Plea Deal Consequences

It’s a token punishment But, I’m guessing that the testimony against others is more valuable to the prosecution than seeking a harsher penalty. Also, the relative leniency of this sentence may ...
Dale M's user avatar
  • 213k
4 votes

Is it possible to plead 'indifferently'?

canada Section 606 of the Criminal Code says that "[a]n accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part." One of the special ...
Jen's user avatar
  • 59.1k
4 votes

Alternatives to pleading the 5th that also offers protection

Pleading the fifth is only technically necessary to defeat a court order or legal requirement to compel testimony, outside a court order a person's right to freedom of speech includes the freedom not ...
IllusiveBrian's user avatar
4 votes

Minnesota Speeding Law

is it worth the money to have a lawyer and see if they could help me get this ticket off my record? No. It is not worth the money and, absent very unusual circumstances, a lawyer is unlikely to be ...
ohwilleke's user avatar
  • 220k
4 votes

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

One pleads guilty to specific charges. If the government brings additional charges after a defendant pleads, the defendant's existing plea will not apply to the new charges.
phoog's user avatar
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4 votes
Accepted

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

The 1975 ban by the attorney general prohibited prosecutors from offering to reduce charges, dismiss counts, or request a particular sentence in exchange for a guilty plea. (Ad hoc exceptions were ...
user6726's user avatar
  • 215k
4 votes
Accepted

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

Settlements and plea deals take place at any time, even after trial, because trials often mark just the beginning of a lengthy and expensive appeals process--which could potentially result in reversal ...
Steve's user avatar
  • 56
4 votes

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

I find it very easy to believe that a prosecutor would want to know the location of the body notwithstanding an existing conviction. The prosecutor represents the state an the state stands for, among ...
Dale M's user avatar
  • 213k
3 votes
Accepted

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

Considering that the US legal system is more or less similar in practice to the English Courts, yes it is possible to plea bargian a deal. I'm linking to the wikipedia article on the matter with a ...
hszmv's user avatar
  • 23k

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