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Sentencing can mean years in prison. Even if a long sentence is not in the cards for the criminal defendant, a conviction may change the person's life.Therefore, pleading guilty could wind up causing a criminal defendant to lose a potential plea bargain that would offer better terms than a simple guilty plea.
Waiver. By submitting a guilty plea, a defendant waives a number of constitutional protections. A guilty plea results in the waiver of the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.
A plea of guilty in a criminal case consists of three elements.4 Third, it is an admission of actual guilt. 5 A recent Supreme Court decision, North Carolina v. Alford,6 has highlighted the first two elements of the plea, but has cast some doubt on the continued validity of the plea as an admission of guilt.
A Plea of Guilty If you plead guilty, you are admitting to the Judge that you have committed acts which violate a valid City law. The judge will then decide what penalty will be assessed.You cannot plead guilty and then in your explanation to the Judge say that you did not violate the law.
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.Often, a plea bargain involves reducing a felony to a misdemeanor.
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),
By pleading guilty, defendants waive those rights in exchange for a commitment from the prosecutor, such as a reduced charge or more favorable sentence.The prosecutor secures a conviction while avoiding the need to commit time and resources to trial preparation and a possible trial.
If the defendant pleads guilty it means they admit to committing the offence they were charged with. The court will then decide what punishment (sentence) the offender will be given.