Court Procedure

[getbackup]

What is the name of your state? CA

This is in regard for my arraignment.

Do I have to plead guilty to know what the penalties will be for my case? Or will they read me my penalties and then give me a choice of pleading guilty or not guilty?

If I plead guilty then hear my penalties and find out they are way to harsh, can I reverse my plead and get a lawyer?

[seniorjudge]

Q: Do I have to plead guilty to know what the penalties will be for my case?

A: No. You will be told the range of punishment (not necessarily what you will be getting) before you are asked to plead.


Q: Or will they read me my penalties and then give me a choice of pleading guilty or not guilty?

A: Yes. You will be told the range of punishment (not necessarily what you will be getting) before you are asked to plead.


Q: If I plead guilty then hear my penalties and find out they are way to harsh, can I reverse my plead and get a lawyer?

A: Once you enter a guilty plea (with or without a lawyer) you will be sentenced. If you don't like the sentence, it is very difficult (if not impossible) to withdraw your guilty plea.

It's best to get a lawyer up front.

[JETX]

And now for CORRECT answers!!!

Originally Posted by getbackup

Do I have to plead guilty to know what the penalties will be for my case? Or will they read me my penalties and then give me a choice of pleading guilty or not guilty?

You will not be given a range and then allowed to 'pick'. The simple matter is.. you are either guilty or not. The courts will not support your 'pick a guilt'. Also, there is no RANGE of penalty. Depending on the EXACT charge, the state gives a maximum allowed sentence and/or fine.

If I plead guilty then hear my penalties and find out they are way to harsh, can I reverse my plead and get a lawyer?

No.

If you are truly innocent... then plead such and present your case. If you are in fact guilty... then...... all the more reason to have competent legal counsel.

[CdwJava]

Some courts here WILL advise a defendant of the penalty range for each charge at arraignment. Not being present at virtually all arraignments, I cannot say how common it is. But, I have witnessed it, and I have been told by others after arraignment that they were so advised by the court prior to making a plea.

It may simply be a preference of the particular court.

- Carl

[sukharev]

Originally Posted by getbackup

will they read me my penalties and then give me a choice of pleading guilty or not guilty?

This sounds like a plausible scenario. It does not mean you pick your punishment. All it means you pick how to plead, guilty or not. Regardless, if you are FOUND guilty by the court, you get a punishment the court determines. And, of course, every punishment may have a default range, outside of which the judge cannot go. Say, first offense for DUI of $1000 to $2000 (I am making the numbers up), and jail time up to 3 month. It would be up to the court to consider particular details of your case, and determine severity of punishment.

If I plead guilty then hear my penalties and find out they are way to harsh, can I reverse my plead and get a lawyer?

When you hear the range at arraignment, you would likely not be pleading yet. However, when you have a trial, and are found guilty, then you cannot change that (unless you appeal).

Speaking of ranges, they are all likely listed on statutes you were charged with, just look them up.

[JETX]

If you are talking about the prosecutor making 'punishment deals' in the process of plea bargaining... that is one thing. But, I have NEVER heard it coming from the bench. In fact, in EVERY criminal case I have seen that was 'bargained' down, the judge made sure that the defendant was pleading guilty because they were in fact guilty... and not to simply get the 'deal'. Courts don't purposely sentence innocent persons.

[garrula lingua]

In my area of CA, the complaint will reflect the charge range, as seniorjudge stated. Felonies will show the low-term, mid-term, and high-term range (such as 16months, 2 years, 3 years for most felonies).
There is a presumption towards mid-term, with mitigating circs = low, and aggravating circs = high. (Defendants can still get probation and county jail for varying periods up to one year on felonies).

Misdemeanors are up to one year, county jail, with the majority being six months max. (and/or a thousand dollar fine).

OP: it is advisable to have a lawyer, though some charges can be handled in pro per (by the defendant acting as his own lawyer).

At arraignment, you can ask to speak with the Prosecutor before you appear before the court.
The Prosecutor will usu make an 'early disposition offer' to settle the case; if you (or your atty) don't want to take the offer you can:
1. with the court's permission, continue the case for you to hire/consult an attorney (if you don't qualify for the PD), or
2. plead not guilty and set the case for discovery compliance & trial.Either way, you don't have to plead unless you are ready and have explored your other options.
You ALWAYS have the right to go to trial (even on a traffic ticket).

Before a court will accept your plea, the Judge will make sure you understand your constitutional rights; s/he will NOT accept your plea without your knowing, voluntary waiver of those rights.

[JETX]

Originally Posted by garrula lingua

In my area of CA, the complaint will reflect the charge range, as seniorjudge stated. Felonies will show the low-term, mid-term, and high-term range (such as 16months, 2 years, 3 years for most felonies).

What the hell are you talking about??
First, the criminal COMPLAINT is filed by the victim. It does NOT "reflect the charge range" (and there is no such thing).

Second, after the victim has filed the criminal complaint (assuming an officer did not witness the violation).... the police investigate and if warranted, send a 'charging request' to the prosecutor. The 'charging request' is in essence, an affidivat signed by the officer detailing the facts of the case. It does NOT include a "charge range" as you say. If the prosecutor feels the facts justify an arrest warrant, one is issued. Then, hopefully, the suspect is arrested.

Third, the suspect is arraigned before a magistrate where the defendant is told what crime he or she is charged with, is advised of his constitutional rights to a jury or court trial, appointed attorney, presumption of innocence, etc. Conditions and amount of bail are determined. At this time, the 'charging document' becomes a 'Complaint'.

Eventually, the suspect will stand trial. At NO time in there is the suspect/defendant given any 'range of possible penalty' from the bench. That is the role of the defendants attorney to advise his/her client as to what charges and penalty's might be given. The defense counsel will usually, depending on the facts of the case, try to negotiate a plea deal.... where ranges of penalties will be discussed. It is NOT done from the bench.... in any real, normal court.