Louisiana Affidavit on Refusal of Plea Agreement

State:
Louisiana
Control #:
LA-5025
Format:
Word; 
Rich Text
Instant download

Description

This is an affidavit made by the defendant in a criminal matter. In the affidavit, the defendant acknowledges the advice given by her attorney to accept a plea offer, and states that she wishes to go against advice of counsel, refuse the offer and proceed with a trial.

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FAQ

The court will not let you plead guilty to something you did not do, nor should you. Contact a few local lawyers try to make arrangements, and if you cannot go back to the court and ask for a lawyer.

Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain: Lighter Sentence. Reduced Charge. The Case Is Over. Disadvantages. Avoiding Problems with Prosecution's Case. No Not Guilty Result. Possibility of Coercion.

In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you're found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.

If a judge rejects a plea agreement, they usually must state a justification on the record. In other cases, a judge may accept only certain terms of the agreement, while rejecting other terms, such as the proposed sentence.This may give the defendant the right to withdraw the plea and restart the case.

Once the judge accepts the defendant's guilty or no contest plea and enters a conviction, that judge can't later overturn the plea agreement.If the defendant doesn't satisfy the conditions, the judge can reject the plea and resentence the defendant.

There are important disadvantages to plea bargaining as well: Defendants are sometimes pressured into waiving the constitutional right to trial.The defendant gives up the right to a potentially vindicating not guilty verdict. Negotiating a plea bargain might lead to poor case investigation and preparation.

Once the judge accepts the defendant's guilty or no contest plea and enters a conviction, that judge can't later overturn the plea agreement.If the defendant doesn't satisfy the conditions, the judge can reject the plea and resentence the defendant.

The primary disadvantage of plea bargaining is that it can still put innocent people in jail. To counter this issue, California voters passed Proposition 8 in 1982 to limit when plea bargaining could occur so that people who were innocent didn't feel like they needed to gamble with going to trial.

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.

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Louisiana Affidavit on Refusal of Plea Agreement