Admitting the criminal charges as being true is one option for the drunk driving offenders or any other people involved in felonious acts, but that does not directly mean beneficial on their part as contrasted to the benefits if the matter is fought for and won in court trial. It can therefore lead to the consequences which might have not been expected by the accused as when the proposed sentence of the prosecutor during the plea bargaining is not followed or made higher by the judge. That possibility is certainly undesirable for the defendant who may be having no other alternative than suffer the sentence and regret the fact that he could have lowered it down if only he did not give up his rights to have a fair trial. Hence, to avoid being in this situation, these are some processes and consequences you should know before pleading guilty for a criminal offense:
How the Guilty Plea is derived at?
It is typical in some criminal cases for the defendant to enter into a negotiated plea in which his side and the prosecution arrange a court hearing and make it known to the judge. If the judge accepts the deal or recommends for some modifications for the benefit of both sides, the matter will then be heard and the sentence is read in open court for such to be officially recorded. However, for the defendants who are in-custody, they may be brought to the court soon after the deal is made for special hearing.
Judge’s Review of the Plea Bargains
As part of the standard procedure, the judges deal with the plea bargains so long as the sentences agreed upon by both parties are within the legal range. It means that the sentence is appropriate considering the degree of the crime committed or the circumstances involved in the case. However, it is possible that there may be other considerations more particularly when the judge is influenced by the previous convictions of the offenders or the emotion of the community regarding crime.
Ensuring that the Defendant is Aware of Giving-up His Rights
Although the deal may seem just, the judge may still counter-check the matter by conversing with the defendant to know whether he really has committed the crime in which he pleads guilty. Hence, it is noteworthy that the judge may not accept the plea if the defendant pleads guilty yet claims to be innocent. This is the reason why for the defendants to have knowing and intelligent plea, they have to (1) understand and admit the criminal charge, (2) know the consequences of the guilty plea, and (3) be aware of the rights they are waiving with the guilty plea such as right to a jury trial, right to counsel if not represented, right against self-incrimination, and right to confront or cross-examine the witnesses or accusers.
Questioning by the Judge
This is usually done by the judge to know whether or not the guilty plea of the defendant is “knowing and intelligent”. Hence, it is also common among the accused of criminal offenses to be guided by their counsel who commonly advise them to respond with “yes” to all the questions propounded by the judge. However, in some cases, the judge may consult with the victims of the crime and the probation officer to examine the report and listen to arguments before making any sentencing decision.
With these essential information showing the consequences you can expect after pleading guilty for criminal offense, you can certainly decide whether to admit the truth or defend a lie, or vice versa, in your criminal case.
It is typical in some criminal cases for the defendant to enter into a negotiated plea in which his side and the prosecution arrange a court hearing and make it known to the judge. If the judge accepts the deal or recommends for some modifications for the benefit of both sides, the matter will then be heard and the sentence is read in open court for such to be officially recorded. However, for the defendants who are in-custody, they may be brought to the court soon after the deal is made for special hearing.
Judge’s Review of the Plea Bargains
As part of the standard procedure, the judges deal with the plea bargains so long as the sentences agreed upon by both parties are within the legal range. It means that the sentence is appropriate considering the degree of the crime committed or the circumstances involved in the case. However, it is possible that there may be other considerations more particularly when the judge is influenced by the previous convictions of the offenders or the emotion of the community regarding crime.
Ensuring that the Defendant is Aware of Giving-up His Rights
Although the deal may seem just, the judge may still counter-check the matter by conversing with the defendant to know whether he really has committed the crime in which he pleads guilty. Hence, it is noteworthy that the judge may not accept the plea if the defendant pleads guilty yet claims to be innocent. This is the reason why for the defendants to have knowing and intelligent plea, they have to (1) understand and admit the criminal charge, (2) know the consequences of the guilty plea, and (3) be aware of the rights they are waiving with the guilty plea such as right to a jury trial, right to counsel if not represented, right against self-incrimination, and right to confront or cross-examine the witnesses or accusers.
Questioning by the Judge
This is usually done by the judge to know whether or not the guilty plea of the defendant is “knowing and intelligent”. Hence, it is also common among the accused of criminal offenses to be guided by their counsel who commonly advise them to respond with “yes” to all the questions propounded by the judge. However, in some cases, the judge may consult with the victims of the crime and the probation officer to examine the report and listen to arguments before making any sentencing decision.
With these essential information showing the consequences you can expect after pleading guilty for criminal offense, you can certainly decide whether to admit the truth or defend a lie, or vice versa, in your criminal case.
