If you are given a plea, you certainly do not have to accept it. If the arguments are recorded and you do not like the way they work, you can simply tell us that you want the case brought to justice. At Kurtz and Blum, PLLC, we are with you, whether in the trial or in the oral arguments. Yes, that`s right. Most trials end with oral arguments. These means are contracts. After signing, the commitments of the agreement must be respected. The accused finds himself guilty and waives certain rights, such as the right to go to a higher court. And the prosecutor accepts a reduced sentence so that the accused knows what he is receiving.
However, the judge is not bound by this agreement and may reject it. What happens if the prosecutor tells the judge that the agreed sentence is too light? It should never happen with a plea, should it? Unfortunately, as a jacksonville defence lawyer, I have seen prosecutors try to do that. A plea can be made at any time from the Arraignment until a jury`s judgment. In practice, most prosecutors have set an earlier deadline for pleas or have made the offer less favourable, as the trial date is approaching and they need to spend more time on the case. Finally, a defendant is not entitled to a special benefit if the plea does not contain provisions contrary to the law; in these cases, resignation is the appropriate means. State v. Wall, 348 N.C 671, 676 (1998); Rodriguez, 111 N.C. App. 148.
Plea`s negotiations are in fact a private process, but that is changing now that victims` rights groups are being recognized. Under many victims` rights laws, victims have the right to enter into the pleading process. In the event that you plead guilty to reduced charges in agreement with the Crown, Kurtz-Blum`s experienced lawyers, PLLC, will make oral arguments to ensure the best possible outcome. Part of the reason we are able to obtain favorable pleas for our clients is that the Wake County Attorney`s Office district is aware that our criminal defense attorneys are not afraid to go to trial. A plea is an agreement between the government and an accused. Once a judge allows it, the good deal is legally applicable – so it`s a contract. And for each contract, each party must respect its part of the agreement. Making a plea is left to the discretion of the prosecutor.
If you agree, you enter into a contract with the prosecutor and the plea should be recorded on the record. But if you break your contract, the prosecutor will no longer be bound by the agreement. If the prosecutor breaks their deal, you can try to set aside or enforce the admission of guilt. Prosecutors have the power to charge the accused with crimes – it is up to them to choose the charge. Since the charge, not the court, decides the charge, the Crown may agree to drop one or more or reduce them in the course of a plea. If the Crown does not drop the fees or reduce them as it agreed, it has broken the good deal. A trial lawyer is able to take something on the first round of arguments, file motions and ultimately try the case. It is difficult to believe that a prosecutor would agree with a certain judgment and then argue differently in a brief to a judge. It is even more difficult to believe that a judge would be charged by a prosecutor`s argument and would not do what he should do, which is to reject the pleading agreement (if the court found him too lenient) and allow the accused to withdraw his plea.