However, on a DUI 1st offense that is not true, but sometimes officers still charge Defendants with an aggravated DUI, even though it is incorrect. If a Defendant rushed into a guilty plea and did not have an attorney review their case, prior to entering a guilty plea, they could be looking at harsher punishments that the law requires.
The purpose of our criminal process is geared toward giving a fair punishment to all defendants, which means that a quick decision is rarely going to reach the fairest result.
Even if an individual did commit a crime, there are times that other information changes how we view that crime. Entering a not guilty plea and allowing legal counsel to investigate and present mitigating information can be crucial in arriving at the correct result.
Even after I explained it, will it still make you mad when defendants in high profile cases plead not guilty? Why do obviously guilty defendants plead not guilty? This means you or your witness must give your evidence on the day of your hearing. Make two copies of any documents or exhibits you want to use. You will have to give the original copies to the magistrate and the other copies are for the the police prosecutor and yourself.
When you hand the exhibits to the magistrate, you say "I seek to tender this document Your Honour". If they refuse to come to court you could subpoena them.
This involves arranging for a subpoena called a Summons to witness. This is a document the court can issue demanding a person come to court and give evidence. It can also ask a person to produce relevant documents. You will need to get legal advice about how to do this. If you have to subpoena a witness it will cost money. The magistrate might decide the police have proved the case against you beyond a reasonable doubt.
This is why you need to think about what you would say to the magistrate about any sentence they give you if you are found guilty. The magistrate will read the charge and ask if you plead guilty or not guilty. You plead not guilty. Before anyone provides evidence to the court, they will be asked to swear an oath on a holy book or affirm promise to tell the truth. It is a crime to give false evidence.
All witnesses must wait outside until they are called. A witness can't hear another witness's evidence or the questions you ask other witnesses. Take notes about what the police witnesses say so you can remember what questions to ask when cross-examining them. After each police witness finishes, you have the right to cross-examine them by asking questions about the information they have given to the court. Your aim is to show the police evidence may not be correct.
Remember, the police have to prove their case 'beyond reasonable doubt'. You need to ask questions about things you disagree with, especially if you are going to call witnesses who will give a different version of events. You need to put that version of events to the police witnesses so they can comment on it.
You need to show any differences between their story and your story. The police prosecutor can ask their witnesses more questions to clarify anything said in your cross-examination. If the prosecutor asks a new question that is unrelated to anything raised at the start of the hearing or in cross-examination, you can object. The magistrate will then decide if the prosecutor can ask that question.
Once the police prosecutor has finished presenting their case against you, the magistrate will ask if you want to give evidence yourself and if you want to call any witnesses to give evidence. If you think the prosecution have not proved their case, you can tell the magistrate there is "no case to answer". If the magistrate agrees,the case ends. If the magistrate does not agree, the trial will proceed as normal. When giving evidence, it is important to make sure what you say is relevant and to the point.
Present your case in a business-like manner. Even though you might be upset or nervous about the situation, emotional outbursts will not help your case. You can then have a chance to clarify after the police prosecutor has finished cross-examining you. You call each of your witnesses to come before the court to answer your questions. For example you might say, "I call Jane Cherry". The witnesses should answer in their own words. You should not ask leading questions that suggest the answer.
For example, "I didn't push Joe, did I? After you have finished questioning each witness, the police prosecutor will ask them questions about their evidence. This is called cross-examination. For more information on plea deals in a criminal case, see our section on Plea Bargains.
In-custody defendants may be brought to court soon after the agreement is reached for a special hearing in which the judge takes the plea. Otherwise, the taking of the plea and sometimes sentencing will occur at the next scheduled hearing. Depending on when the deal is struck, the next scheduled appearance may be the arraignment, preliminary hearing, or trial.
As a practical matter, many judges go along with plea bargains as long as the agreed-upon sentences are within the range of what they consider fair. Usually this means determining whether, given the seriousness of the crime and the defendant's criminal record, the sentence seems appropriate in light of other sentences the judge has handed down.
There are some other variables that may come into play, however. Particular judges might rightly or wrongly take into their calculation whether they remember the defendant from a previous appearance in their courtroom and how they and members of the community feel especially if the judge is up for reelection about the crimes in question.
Sometimes, even such whimsy as whether the judge woke up in a good mood or had a rough morning can also have an impact on decisions made that day. Even if the deal seems fair, judges typically engage defendants in a courtroom "colloquy," or verbal exchange, to make sure that defendants have committed the offenses to which they are pleading guilty.
In federal courts, defendants who want to plead guilty or nolo contendere must testify under oath to facts establishing their guilt.
Moreover, before accepting guilty pleas, judges have to be sure that defendants are aware of the rights they are giving up by pleading guilty. For a "knowing and intelligent" guilty plea to be made, defendants have to:. Defendants should also know that, if they are not U. Defendants are competent to waive counsel and plead guilty as long as they are capable of understanding the proceedings Godinez v. Moran , U. In some courts, defendants who are pleading guilty are asked to fill in or sign a form waiving their rights.
Usually the judge asks the defendant a fairly long list of questions to determine whether the plea is knowing and intelligent. For their part, defendants normally follow their attorneys' advice and avoid upsetting the plea bargaining apple cart by quietly answering "yes" to all the judge's questions.
Assuming the defendants' answers are satisfactory, judges typically accept the deal. In some cases, a judge may consult with the crime victim, ask a probation officer to prepare a presentence report , and listen to arguments from both the defense and prosecution before making sentencing decisions. Reback, Mr. Reback, how do you plead?
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