Being legally guilty of an offence, and the concept of guilt as we know it in everyday life, are not necessarily the same thing. Being legally guilty can be quite complicated and involves principles your lawyer or duty counsel can explain to you.
In order to plead guilty, the physical acts (or omissions) that you agree took place have to amount to a criminal offence. You also had to have a guilty “state of mind” at the time of the offence. In most cases, this means that your actions amounted to a criminal offence and that you meant to do it. Doing something accidently is generally not enough to support a guilty plea for most offences.
Why Hire a Criminal Lawyer for Your Guilty Plea?
- a criminal lawyer can get to know you and your case better
- a criminal lawyer has more time to dedicate to researching important aspects of your case
- you can’t choose which duty counsel you get, but you can select your criminal lawyer
- a criminal lawyer does not have to prioritize clients in the same manner duty counsel does, allowing more efficiency
Although a plea of guilty can be entered at any time following an earlier plea of not guilty, once a plea of guilty is entered, there is no direct entitlement to have that plea of guilty reversed at a later stage.
When It Is Not A Guilty Plea
Not guilty pleas are entered from the beginning of the case until a satisfactory resolution is reached between your criminal lawyer and the prosecutor. A not guilty plea sets your case on the track for trial. Although, in most instances you can withdraw you’re not guilty plea at any time before trial if you reach a plea agreement with the prosecutor.
Guilty and No Contest Pleas
Entering a guilty or no contest plea is a way to resolve your case in court. In most cases unless you violate probation, have a delayed sentencing date, or violate some sort of court order you will not have to go back to court. Before accepting a plea of no contest or guilty, the judge must go through what we call a plea colloquy. The plea colloquy does several things. First, it advises you of your rights and the consequences that you will face by entering the plea. Second, it reduces the likelihood that your case will be returned to the trial court on an appeal by addressing various potential appellate issues in advance.
During the plea discussion the judge will make sure that your plea is voluntarily entered and that there is a factual basis for the plea. Both your criminal lawyer and the prosecutor may assist the judge with the factual basis for the plea. The judge must also place you under oath and address you personally to make sure you acknowledge your guilt or believe that entering the plea is in your best interests.
Looking for credible and experienced criminal lawyers? Visit Wise & Donahue Law Firm at 10476 Armstrong Street, Fairfax Virginia or you may contact 703-934-6377.
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