At a plea hearing, a defendant responds to criminal charges levied against him with a plea of guilty, not guilty or no contest, according to the Dane County District Attorney’s Office. It is at this point in the judicial process that a plea bargain normally occurs between a prosecutor and the defense.Continue Reading
A plea hearing occurs before a judge with all parties present. It occurs after a criminal arraignment and follows a pretrial conference, notes the Dane County District Attorney’s Office. A plea hearing is the step right before the trial itself. Plea bargains may be heard at the pretrial conference ahead of a plea hearing in some jurisdictions.
In federal court, plea bargains occur at the plea hearing. Nearly 90 percent of federal criminal court cases end with the defendant pleading guilty, according to attorney Robert C. Reuland. Two documents are filed at a plea hearing when a plea bargain is reached. One document outlines the charges the defendant answers to and the charges which are dropped against the defendant in exchange for his guilty plea. In the other document, the defendant explains, in writing, precisely what he admits to doing with regards to the charges. These public documents are generally available after the plea hearing concludes.
An important aspect of the judicial process occurs at a plea hearing, notes the Tillamook County District Attorney's Office. If a defendant pleads not guilty, a trial date is set by the court. After the plea hearing, both sides can file motions, evidence and depositions of witnessesLearn more about Law
The consequences of plea bargaining include the reality that the defendant must admit guilt and he loses the right to convince a judge or jury of his innocence, Criminal Defense Lawyer explains. Consequences for the prosecution include the possibility that the pubic and victim may show anger toward the prosecution for settlement in a crime that may warrant a harsher outcome.Full Answer >
An example of implementation of double jeopardy laws occurred in 2013 when Sharone Brown avoided murder charges after previously accepting a guilty plea for misdemeanor assault, reports The Dallas Morning News. Double jeopardy laws protect a defendant from being tried multiple times for the same alleged crime.Full Answer >
A dispositional hearing in adult criminal court is a hearing at which a plea is entered on the record before the judge. A dispositional hearing in a civil case is usually set when the parties have a proposed agreement and want to settle the case without going to trial. In both cases, the judge must rule on the proposed case disposition, as explained by the the United States District Court for the District of Colorado.Full Answer >
Deferred judgment refers to a sentencing option in a court case in which the defendant pleads no contest or guilty to criminal charges and the civil penalty is deferred in exchange for a plea deal, according to the Iowa State Code. The defendant completes the specified terms of a deferred judgment.Full Answer >