what does it mean when my lawyer wants me to plead guilty

A guilty plea may be entered after a criminal defense lawyer negotiates a favorable plea agreement on behalf of the client. Because of the availability of changing a plea to guilty later on, most criminal defendants plead not guilty at the arraignment because they know they can later change the plea if they do reach a favorable agreement.

Full Answer

Should I plead guilty to a criminal charge?

It may be your lawyer’s assessment that the evidence against you is strong enough that you are likely to be convicted of the charges against you if you go to trial, or that even if the evidence is weak, the charges are serious enough that,if you are convicted, you will face a very heavy sentence that can be avoided by a plea.

Can a lawyer help a defendant decide to go to trial?

Why do most people plead not guilty at the arraignment?

Can a prosecutor enter into a plea bargain with a defendant?

What Does It Mean to Plead Guilty. When the Public Prosecutor charges an accused, a notice will be issued to the accused to attend Court for Criminal Mention. The accused are required to attend the first mention at the Criminal Mention Court, wherein the charge (s) will be read and explained to the accused. The accused will then be given the option to either admit to the …

A Lawyer Can Help You Understand the Charges and Potential Penalties

A criminal defense lawyer will help you fully understand the nature of the charges against you, and the implications of a guilty plea.

A Lawyer Will Protect Your Rights

If you have been charged with a crime, you are presumed innocent until proven guilty. The prosecutor has the burden of proving, beyond a reasonable doubt, that you committed the crime.

There Might Be Collateral Consequences to a Guilty Plea

In addition to the judicial penalties that come with a guilty plea (jail time, fines, and court costs), there are other non-judicial penalties that many people are unaware of. For example, a guilty plea can lead to:

A Lawyer Might Be Able to Help You Negotiate a Better Plea to a Lesser Charge

A criminal defense lawyer can help you negotiate the terms of a plea bargain.

Just Criminal Law - Protecting Your One Shot at Justice

If you or someone you care about was charged with a crime and is considering pleading guilty, contact an experienced criminal defense lawyer first.

What is the right to know before making a decision?

Before making an important decision, a defendant is entitled to know what alternatives are reasonably available and, as far as can be predicted, the likely consequences of each. For example, assume that the defendant is charged with assault with a deadly weapon. The defense attorney tells the defendant, "The prosecutor is willing to accept a guilty plea to simple assault and recommend a sentence of six months in county jail and a fine of $500. The decision is yours—what do you want to do?"

Can a lawyer withdraw from a case?

Occasionally, lawyers and defendants have such strongly opposing views that the lawyer cannot effectively carry out the defendant's desired strategy. In such a situation, the attorney may seek to withdraw as the defendant's counsel, or the defendant may seek to have the attorney replaced. Whether this will be permitted in either case depends on whether the prosecutor will be prejudiced or the proceedings will be unnecessarily delayed or disrupted.

Can a defense lawyer admit guilt?

Defense lawyers also aren't allowed to impose their judgment on their clients when it comes to admitting guilt at trial. In 2018, the U.S. Supreme Court considered the case of a defendant who had been on trial for three murders. ( McCoy v. Louisiana, 584 U. S. ____ (2018).) At the guilt phase of the trial, the defense attorney chose strategically to concede that his client committed the crimes but argued that his client was incapable of having the state of mind necessary for first-degree murder. (The strategy was to argue that the man had a "mental incapacity" that prevented him from forming specific intent .)

What are the disadvantages of pleading guilty?

Some of these disadvantages include the following: Sentencing. If a criminal defendant decides to plead guilty, he or she may not have as much time to wait for sentencing. The case may move through the judicial system more quickly.

What is plea bargain?

While many prosecutors may attempt to enter into a plea bargain with a criminal defendant in which the defendant is convicted under a less serious offense or receives a reduced sentence, some prosecutors may not make these agreements with criminal defendants that they believe will simply plead guilty.

What are the consequences of a conviction?

Social Consequences. Individuals who are convicted of a crime may face immediate consequences upon conviction. For example, they may have to forfeit professional licenses. Finding future employment may be more difficult for an individual with a conviction on his or her record, especially a felony.

What happens if a defendant accepts a plea agreement?

If the defendant has little to gain by accepting a plea agreement, he or she may agree to move forward with the trial.

How to determine if a plea agreement is in a defendant's best interest?

One important consideration for determining whether a plea agreement is in a defendant’s best interest is by assessing the strength of the prosecutors’ evidence. This can largely be accomplished through evaluating the evidence received during the criminal discovery process. The prosecutor is required to supply the criminal defense lawyer with evidence acquired in the case and that will be used against the defendant. The prosecutor is also required to provide the defense lawyer with evidence that weighs in favor of the defendant’s innocence.

What does "innocent until proven guilty" mean?

Many individuals have heard the phrase “innocent until proven guilty.”. This means that all criminal defendants are presumed to be innocent. The only thing that overcomes this presumption is if the prosecutor proves that the defendant is guilty by proof beyond a reasonable doubt.

How long does it take to get arraigned?

An arraignment is usually held within 30 days of a criminal defendant’s first appearance. At this hearing, the criminal defendant pleads guilty, not guilty or no contest. At this stage in the case, the prosecutor may not have thoroughly reviewed the case.

What is the role of a prosecutor in a criminal case?

The prosecutor is required to supply the criminal defense lawyer with evidence acquired in the case and that will be used against the defendant . The prosecutor is also required to provide the defense lawyer with evidence that weighs in favor of the defendant’s innocence.

Can a felony be reduced to a misdemeanor?

The prosecutor may agree to reduce a felony charge to a misdemeanor. The charges may be dismissed if certain conditions are met, such as agreeing to counseling or rehabilitation services. The sentence may be recommended to be reduced to something far below the maximum sentence.

Can a guilty plea be withdrawn?

There may be some legal exceptions that allow a guilty plea to be withdrawn. However, if a criminal defendant pleads not guilty to the charge he or she is facing, this plea can be withdrawn at any later point in time to a plea of no contest or to guilty.

2 attorney answers

A recent court decision in New Jersey makes it a little easier than before to withdraw a guilty plea, but only if you do so before sentencing. It is imperative that you instruct your attorney to file a motion to withdraw the plea as soon as possible, if that is what you wish to do.

Colin G Bell

A recent court decision in New Jersey makes it a little easier than before to withdraw a guilty plea, but only if you do so before sentencing. It is imperative that you instruct your attorney to file a motion to withdraw the plea as soon as possible, if that is what you wish to do.

What Factors Do You Consider In Determining Whether To Accept a Plea Offer Or Not?

The first things we take a look at are what evidence the prosecution could offer at a trial and what the likelihood of conviction might be.

How Common Is It For Criminal Cases To Go All The Way To Trial In New York?

This is actually something that’s been studied quite a bit.

Will Going To Trial Put Me At Risk Of Facing A Harsher Sentence Than If I Took The Plea?

That is possible. The entire lure of a plea bargain is that you are offered less than the maximum penalty that you could face if you were to go to trial.

What Should I Expect Throughout The Trial Process In My Criminal Case In New York?

The trial process begins with jury selection. At the Federal Level, the judge asks all the questions of the potential jurors. In State Court, both the prosecutor and the defense attorney are allowed to question the potential jurors directly as part of a process known as “voir dire”.