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proceedure in criminal court

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cjoyortiz

Guest
What is the name of your state? california
in a criminal case where the defendent agreed to pleade gulity for a lesser sentence, the lawyers & judge in closed room made discion.what is suppose to happen with sentencing? ie wriiting document signed/ verbally stated / just carried out
:confused:
 
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Boxcarbill

Guest
cjoyortiz said:
What is the name of your state? california
in a criminal case where the defendent agreed to pleade gulity for a lesser sentence, the lawyers & judge in closed room made discion.what is suppose to happen with sentencing? ie wriiting document signed/ verbally stated / just carried out
:confused:
While there may be some differences In CA, a lot of criminal law involves U.S. constitutional law and so I can pretty much tell you the drill in TX.

Prior to going to court to enter your plea, you will sign some documents, including a waiver of your constitutional rights. ( right to trial by jury, to confront and cross-examine witnesses, your right against self-incrimination, etc.). You will be asked in open court and on the record if you understand the nature of the charges against you and the range of punishment of the offense in which you have been charge. You will be asked whether you are an American citizen and whether you understand that if you are not an American citizen that you may be deported upon entering a plea of guilty in a felony case. You will be asked if you are pleading because you are guilty and for no other reason. You will be asked if your plea is made knowingly, intelligently and voluntarily. That you are not pleading guilty out of any threat or duress or out of any false hope of pardon or parole. You will be asked if you suffer from any mental condition or any other impairment which would impair your ability to understand what you are doing here today. Then the Judge will instruct you that the judge is not bound by any plea bargain entered into between the prosecution and the defense but if the judge does not follow the recommendation of the prosecutor that the judge must allow you to withdraw all your papers that you signed here and that you will be allowed to proceed to trial and none of the papers can be used against you at your trial. (This is about the place that the accused looks to the attorney and the attorney thinks the accused may bolt and realizes that they must have forgotten to tell the defendant this or they wouldn't like they were about to faint.)

Then your attorney will tell the Judge what you have been charged with and that you wish to withdraw your prior plea of not guilty and enter a plea of guilty and that you expect to be punished pursuant to a plea bargain offer.

Then the Judge will ask the prosecutor what is the recommendation. The prosecutor states the recommendation. The Judge asks, "Is this your understanding." Your attorney or you, say "Yes, Your honor." Or your attorney adds any additional clarification to the plea agreement such as and "Count two is to be dismissed." or "and there is another case . . . . .which is to be dismissed." etc.. Then the Judge says, "Ok then. How do you plead?" The accused says, "Guilty."

Then the Judge says "I'll accept your plea of guilty and find that you are guilty. I'll accept the prosecutor's recommendation and I hereby sentence you to. . . .
 
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