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What Is An "Open Quilty Plea"

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byrd42

Member
What is the name of your state? PA

Just a general question in regards to the difference between an "Open Guilty Plea" versus a regular old "Guilty Plea"? Defendent got 90 to 18 months under the "Open Guilty Plea". It was for 3rd DUI, violation of probation, disorderly conduct, public drunkeness.
 
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byrd42

Member
Gee thanks, wish I was. I am not the defendent by the way. It was my ex-scumbag jerk boyfriend who was on probation for DV on me and I was hoping he would get more time. Don't want him to get out any time soon.
 

BL

Senior Member
What is the name of your state? PA

Just a general question in regards to the difference between an "Open Quilty Plea" versus a regular old "Quilty Plea"? Defendent got 90 to 18 months under the "Open Quilty Plea". It was for 3rd DUI, violation of probation, disorderly conduct, public drunkeness.
An " open " guilty plea is a plea made by the defendant without the benefit of a plea agreement entered into with the government .

By the way it's Guilty , not Quilty .
 

garrula lingua

Senior Member
An 'open' plea is a plea to the Court:
it means you are allowing the Judge to decide the sentence (not the Prosecutor, or in some states, the jury).

[In most pleas (guilty or no contest), the Prosecutor has made an offer - a 'plea bargain', and that is the sentence imposed.
Not so, with an 'open' plea.
This defendant figured he'd do much better with the Judge's sentence (the Prosecutor was probably hammering him, and defendant didn't want to go to trial.)]
 

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