Learn the Different Types of Pleas in a Courtroom and Their Consequences (2023)

Описание: Life-Changing Decisions: Learn the Different Types of Pleas in a Courtroom and Their Consequences - Watch Now! #criminallawyer #criminaljustice #constitutionalrights

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Have you been charged with a crime? Are you a first-time offender? Are you clear on what the consequences of a plea will be on your life? Will you be convicted? Can you get the arrest and criminal charge removed from your criminal record? We will examine some common plea arrangements and what they mean legally and practically to your future.

Guilty Plea vs. No Contest Plea

Is there a difference between a guilty plea and a no contest plea? Guilty Plea results in a conviction in most circumstances and we all know that by pleading guilty, you are acknowledging you committed the crime the State is alleging.

What about a no contest plea? A no contest plea is a workaround to pleading guilty that allows you to resolve your criminal case. Legally, you are not saying that you are guilty of the crime. You are essentially saying that you are willing to accept the terms offered by the State in exchange for resolving the case. The problem is that from the judge's perspective, a plea of no contest is sufficient to find you guilty of the crime so it is critical that you work with your criminal defense attorney to ensure the plea of no contest will not result in the judge finding you guilty!

Open Plea

Another type of plea arrangement is known as an open plea. A Plea of open to a judge leaves you open to the full range of punishment provided under the crime you have been charged.

Why do it? The most common reason to do an open plea is when the prosecutor's offer is unreasonable and the attorney and client do not feel a trial is in their best interest. The reality is that a judge may be willing to do certain things under an open plea that an unreasonable prosecutor may not. For example, we have seen solicitation of prostitution cases where a prosecutor is offering a first-time offender prison time but we were able to negotiate a deferred adjudication with no conviction or jail time with the judge on an open plea.

How Does An Open Plea Work?

In order to take an Open Plea, it will require the accused to make a Plea of Guilty or No Contest. Upon the court receiving the plea, the judge can allow the criminal lawyer to request a Pre-Sentence Investigation (PSI). A PSI is provided by statute under Texas criminal law to provide an accused to be thoroughly evaluated and assessed for appropriate sentencing. In practice, there is an interview with a PSI officer that usually spends 4 - 8 hours interviewing the accused. Upon completion of the assessment, a profile is created with a recommendation regarding whether the accused is at low risk or high risk to re-offend.

What is the benefit? You get to show all the positives of your life and that you are a good candidate for probation or alternative sentencing options. But be careful - it can show the negative too! If you have issues in your past or concerning mental health or prior convictions, the prosecutor will exploit this in your sentencing hearing.

At the Sentencing hearing, your criminal attorney can call witnesses, make legal arguments and get into detail regarding the PSI conclusions.

Agreed Plea

Under an agreed plea, You, the criminal defense attorney and prosecutor come to an agreement on how to resolve your case. What if you agreed to a probation? Will you know exactly what will be required on that probation?

Be Careful! It doesn't always work that way! Anytime there is an agreed plea, Everyone can agree on the plea result – for example, number of years on probation and fine, etc – BUT the judge sets the terms and conditions of your probation. In other words, the judge will require probation to do an assessment of you to determine your risk profile and he/she can require additional probation conditions based upon that assessment. This is important to consider because it is not uncommon for probation terms to change AFTER the plea arrangement, particularly with cases involving victims.

00:00 Life-Changing Consequences: Learn the Different Types of Pleas in a Courtroom and Their Consequences
00:50 Guilty Plea vs No-Contest Plea
01:54 Open Plea
02:28 What Are The Reasons You Might Want To Consider An Open Plea?
04:20 How Does An Open Plea To A Judge Work?
06:53 What Happens At A Sentencing Hearing?
09:04 What If you Receive Probation?
09:40 TAIP Assessment