Sometimes it is advantageous for an accused to go directly to the judge and simply plead guilty or «not contest» the charges against him – without agreeing to an agreement with the prosecutor. After hearing the defense and the prosecutor, the judge will decide. The judge can sentence you to anything from the minimum sentence allowed by law to the maximum sentence allowed by law. Open pleadings can be very risky because the judge can essentially do whatever he wants within the limits of the law. Ultimately, the defendant pleads guilty or «uncontested» and, in return, the prosecutor may reduce the charge to a lesser offense, drop certain charges, and/or recommend a lighter sentence for the alleged crime. Although all plea agreements are ultimately submitted to the court for approval, it is unusual for a judge to reject an agreement between a prosecutor and a defendant. When a defendant pleads or pleads openly, he waives, among other things, his right to go to court, the right to confront witnesses and the right to present a defence. For the accused, the result is a conviction, but a conviction without the risk of going to court, and – presumably – with less severe and more appropriate sentences than those that could result from a conviction in court. An «open plea» is when you ask the court (the judge) to rule on your verdict. This will be taken into account if the prosecutor makes you a plea offer that is not of interest to you, for example, prison or prison. No one is interested in this type of offer. Therefore, ask the judge to give you a little less.
It is a dangerous game and you need to know the judge, otherwise you will be blown up. Defense attorney Roger P. Foley explains. If you or someone you know has recently been charged with a crime or have questions about criminal proceedings, contact the experienced indianapolis criminal defense attorneys at Banks & Brower, LLC. You can reach us 24/7/365 by calling us at (317) 870-0019 or by sending an email firstname.lastname@example.org. While judges do not have the same freedom as prosecutors to simply dismiss certain charges or ask an accused to plead less serious charges, they do have the ability to determine sentencing for accused crimes. Judges can sometimes be more lenient or consider other factors in sentencing than prosecutors, and therefore, direct hearings with the judge and open plea can be a good option for resolving criminal charges. Any experienced lawyer can explain to you if it is in your interest to open.
Of course, there are risks, but if the sentence proposed by the prosecutor dances far from the line, the risks are usually worth it if your defense lawyer trusts the judge and has experience with him. As long as the defendant is found guilty and is aware of the risks and opportunities, it can be a beneficial risk worth taking. It can also put the prosecutor in their shoes or remind them of what is really reasonable. Which is always fun for every defender. Open advocacy is also called «direct advocacy» or simply «throwing oneself at the mercy of judgment.» When you open a plea, you essentially entrust the entire outcome of the case to the judge. The judge will listen to the arguments of your lawyer and the prosecutor. You have the option to talk to the judge and call your friends, family or colleagues if you wish. Often someone pleads openly, it`s because the prosecutor is completely unreasonable and the trial doesn`t make sense – and the defense lawyer believes the judge will be more reasonable. When you plead guilty, you take responsibility for what you did. It is a legal attenuator — and it is an important element. Judges like to see people take responsibility for the mistakes they have made – saving taxpayers` money, court resources, time and declining jury demand. While it is unconstitutional for a judge to increase a sentence for hearing a case, also known as a «trial fee,» he does so in a different way, as the defendant loses the great mitigator to take responsibility for the offense(s).
Therefore, the punishment after the trial is usually more severe. But as you read this, you may be thinking, «Why on earth should I openly plead for everything, without limiting the potential judgment and risk?» This is not a one-size-fits-all question. There is no doubt that open advocacy carries risks – but they can be calculated if they are carried out appropriately. What are the risks? You are subject to the full penalty or maximum penalty. They are liable to maximum fines. They must plead guilty to all charges. You really risk a lot. When the verdict is pronounced, the prosecutor will tell the judge what he thinks your sentence should be and why he came to that conclusion. To support their sentencing proposal, the prosecutor usually charges witnesses, including the victim. Statements about the impact on the victim can also be read in court. It`s wise to do a little research on your judge to determine how your judge ruled in similar circumstances.
Judges, like everyone else, can feel strong on certain issues. You would not, of course, make a plea for DUI before a judge known to condemn the maximum for DUIS. On the other hand, there are judges who tend to prefer rehabilitation to incarceration. If you want to avoid jail with a rehabilitation program and the state requires jail, you should consider making an open plea before the judge. It is important that the content of what you want to say to the judge is reviewed by your lawyer. Believe it or not, people quite often harm their cause by saying things that upset the judge. A plea agreement (or plea bargain) is an agreement negotiated between the attorney and the defendant or the defendant`s lawyer to resolve a case without going to court. During trials, the accused and his lawyer may discuss with the prosecutor the details of the case, the accused and/or the victim that should be taken into account when reaching an agreement. Call Soler & Simon at (941) 444-5128 for a free consultation and case analysis.
Also visit our homepage to learn more about our defense attorneys and how they defend criminal cases in Sarasota and Bradenton, Florida. In Sarasota, a prosecuted defendant usually has several options. The first and most common is the acceptance of the offer of opposition made by the State (prosecutor). If you have hired a lawyer, the lawyer will likely try to get a better deal by negotiating with the state. This is called «plea bargaining.» If you are not ready to accept the state`s offer before or after the plea negotiations, you have two last options. The most common of these options is to take your case to court and ask a jury to decide your guilt or innocence. A less common but available option is to open a plea before the judge. Last but not least, we can thoroughly analyze your case to determine if open advocacy is your best course of action. It is extremely important to be well prepared for open advocacy.
Open pleadings may be practiced. The more you prepare and practice, the more comfortable you will feel in front of the judge. Obviously, you just want to open a plea for a judge who likes open pleas! Some judges despise them. Others like them because (among many reasons) they quickly delete a case from their list and publish their calendar. Nevertheless, open advocacy is still carried out daily throughout the country. What for? Don`t dress badly. Be sure to show respect to the judge by dressing for the dish at your best. Also, you don`t want to appear disrespectful in any way.
Be sure to show respect, even when the prosecutor speaks. Open advocacy is a time to express humility and remorse. This is NOT the time to complain to the judge about the police, the prosecutor, or how the system has treated you unfairly. The judge will listen to your argument and the prosecutor`s argument, your job is to convince the judge to rule in your favor – not to convince him that the system is broken. As mentioned above, there are judges before whom you would make absolutely no pleas. There are others who can sympathize with you and your situation. We can point you in the right direction. Often, when you are faced with a crime, prosecutors offer to plead guilty to a particular charge, dismiss the rest of the charges, with an agreement on the amount of the sentence.
As a rule, this happens in almost 90% + of cases. As a rule, the parties agree, the agreement is concluded in advance (or within a certain range) with knowledge of the penalty, and the parties proceed informed. Unfortunately, however, there are occasions when the prosecutor`s offer is so outrageous or so inconsistent with what the defense considers reasonable that the conditions set cannot be agreed. This makes the defense lawyer and his client make a difficult appeal: trial or plea. If the defense attorney feels that winning in court is a long way, the best option may be to plead openly or become blind. Open advocacy is usually an option of last resort. It is usually best to try to make a deal with the state by negotiating a better offer. Indeed, if the state agrees with the defense, there is more certainty about the outcome – you`ll usually know what punishment you`ll receive before you go to court. What is open advocacy? Simply put, he falls to the mercy of the court and discusses the punishment that should be received. This can be a single account (if the parties agree on the remaining accounts) or all fees (if there is no agreement in any respect). While pleading guilty to all charges may not seem reasonable, the charges often merge with each other and the entire penalty area is limited to the main fee penalty area, so pleading for all charges does not increase the overall risk. .