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Questions tagged [plea]

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

For example, if the evidence is overwhelmingly against them and the defendant knows they are guilty and there is no chance for a lesser sentence or a plea deal (happens in certain jurisdictions), is there still any merit to continuing with a trial?
user49663
16
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How is a plea agreement NOT a “threat or promise”?

I was viewing a televised case, the Judge asks the defendant “have any threats or promises been made to you to deliver this plea” before the defendant delivers their guilty plea as part of a plea bargain. I was wondering, how is a plea bargain/plea…
Mave
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Alternatives to pleading the 5th that also offers protection

I watched a old video (Don't talk to Police) that popped up while looking up information related to cyber forensics and false positives. I gathered the following points: You can't talk your way out of getting arrested. (7:55) Everything you tell…
jtlindsey
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Is the jury informed when the person giving testimony has taken a plea deal in exchange for testifying?

In the film Law Abiding Citizen (2009) 2 men (Rupert and Clarence) are involved in a home invasion where the prosecution cuts a deal with Clarence in order to get Clarence to testify against Rupert during his trial. In such a situation Clarence will…
philn
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Can prosecutors change or add additional charges once you plead guilty?

Suppose you are charged with theft of trade secrets. If you decide to plead guilty, can the government add further charges or change the existing ones after seeing that you've pleaded guilty? For example, because you've pleaded guilty, can the…
user14142
9
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2 answers

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

I understand that when a defendant is charged with one or more crimes, one of the following outcomes almost always occurs in practice: either 1 . They plead not guilty to all charges and go to trial, or 2a. They plead guilty to all charges and…
Very Tiny Brain
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Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement. Was Biden's legal team legally required to publicly…
Very Tiny Brain
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How can Not Guilty by Reason of Insanity and Guilty but Mentally Ill exist in the same legal system?

I was reading about the two types on insanity pleas, known as 'NGRI' (Not Guilty by Reason of Insanity) and 'GBMI' (Guilty But Mentally Ill). For example, a good excerpt is here on Google Books. However, something very obvious is bothering me: How…
CodyBugstein
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Can a private contract obligate someone to exercise their right to a jury trial?

Say I think my local DA is pursuing too many low-quality cases, and pressuring people into plea deals, when they don't really have the evidence to convict. Can I and several thousand of my closest, most-likely-to-be-arrested friends contract with…
interfect
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Plea bargaining in the UK

It's been mentioned many times on this site that 90% of criminal cases in the U.S. never go to trial, and instead end up with a plea bargain (or guilty plea). Does the same statistic generally hold true for the UK? If not, what are the reasons?
Ron Trunk
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How is conceding a client's guilt different from a guilty plea?

I'm asking this question in the context of the current Supreme Court case McCoy v. Louisiana in which the fundamental issue is whether it is unconstitutional for defense counsel to concede an accused's guilt over the accused's express objection. I…
traviata
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What are the similarities and differences between civil settlements and criminal plea deals?

Except for the type of cases in which they are used, settlements and plea deals seem quite similar. In both cases, the two parties reach an agreement, and they avoid the cost and inconvenience of a trial. What are the similarities and differences?…
Someone
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Why do the accused rarely plead guilty?

I notice that in the United States it seems like the accused rarely plead guilty in the case of a serious crime, even if the evidence is overwhelming. Not infrequently I will see cases in which the defense makes almost completely absurd arguments…
Cicero
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Powell Plea Deal Consequences

Given Sidney Powell's plea deal: https://apnews.com/article/sidney-powell-plea-deal-georgia-election-indictment-ec7dc601ad78d756643aa2544028e9f5 The article indicates consequences: As part of the deal, she will serve six years of probation, will…
gatorback
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The Con-Air Deal....denied?! Does it work that way?

Con Air, an action movie released in 1997 starring Nicholas Cage, features his character cutting a deal after killing a man during a fight after being assaulted. The judge rejects this deal and sentences the character to prison for 5 years. Is that…
mcc1789
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