Charlotte Criminal Lawyer Blog
Types of Pleas – Which One is Best for My Criminal Case?
As a defendant in a criminal case, you are facing one or more charges. The legal process will proceed based on the type of charges as well as your plea to them. Generally, the judge will ask for the defendant’s plea at the time of the first hearing or arraignment. There are three main types of pleas in North Carolina.
- Not Guilty: A plea of not guilty is a complete denial of the charges. A not guilty plea will result in a trial to resolve the matter. A trial may be either a bench trial, in front of a judge, or a jury trial.
- Guilty: A guilty plea means that you admit to the charges. A guilty plea will lead to sentencing since no trial is needed. It is essential that you understand the charges completely as well as the potential consequences before you enter a plea of guilty.
- No Contest: No contest is called “Nolo Contendere.” It means that the defendant accepts responsibility but does not admit guilt.
The judge will make sure that you enter a plea voluntarily, knowingly, and intelligently while understanding the charges.
Plea Bargain Arrangements
Sometimes, a plea bargain or plea deal may be possible. A plea bargain is an agreement between the prosecutor and the defendant in a criminal case, typically negotiated with help from an attorney. A plea bargain allows a defendant to agree to plead guilty in exchange for reduced charges or a reduced sentence. A plea deal may be possible in situations where a defendant will benefit from accepting a guilty plea to a lesser charge that offers a much less severe punishment.
There are several common types of plea bargain arrangements. A charging bargaining plea allows the defendant to plead down to a lesser charge. A sentence bargain offers a reduced sentence in exchange for a guilty plea. An open plea deal is one in which the defendant pleads guilty allowing the judge to make a discretionary sentence.
What is A Conditional Plea?
A conditional plea is an arrangement that allows a defendant to plead guilty or no contest while reserving the right to appeal some aspects of the case. This agreement may make it possible to avoid a trial in some cases. The prosecutor as well as the judge must approve a conditional plea, and it is always advisable to obtain it in writing. If the defendant wins their appeal, the plea is withdrawn.
As a defendant, you will want to weigh your potential options carefully. While a defendant may be able to change their plea later, it is not automatically allowed. To change your plea, you must show that the reason is due to “manifest injustice”. A knowledgeable criminal defense attorney will guide you through the legal process and help you understand the options that are available as well as the consequences for each choice.
Call Arnold & Smith, PLLC, at (704) 370-2828 today to speak with our skilled legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/defendant
https://www.law.cornell.edu/wex/plea_bargain
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