Louisiana Statement of the Defendant Refusing Plea Bargain
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FAQ
When a defendant enters a guilty plea under a plea bargain, withdrawing it can be challenging. Courts usually require strong justification for any withdrawal, particularly if the plea was knowingly and voluntarily made. The Louisiana Statement of the Defendant Refusing Plea Bargain highlights the importance of considering long-term consequences before agreeing to a plea. It is vital to discuss your situation with legal counsel to understand your options.
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.
If you don't plea then the case either gets dismissed or you go to trial. Don't count on the dismissal unless you really believe the People's case is very very weak and they know it.
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.
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.
United States, 397 U.S. 742 (1970) has held that plea bargaining is constitutional. The Supreme Court, however, has held that defendants' guilty pleas must be voluntary, and that defendants may only plead guilty if they know the consequences of doing so.
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
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.
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.
