What is a Plea?

The term “plea” in criminal law refers to a defendant’s response to the prosecution’s case or a formal declaration. A defendant facing accusations from the state or the federal government may enter a plea of guilty, not guilty, or no contest to various charges, such as domestic violence, drug possession, or felony DUI and DWI.

In such cases, it is best to hire an attorney in Kansas City, MO, for legal advice.

What Kinds of Criminal Pleas Are There?

There are three different pleads that a defendant might make:

• Guilty: A guilty plea entails the full acknowledgment of guilt and the renunciation of all defenses. Most defense attorneys would not suggest a client enter a guilty plea unless doing so would be advantageous. For instance, a sentence that is beneficial may be swapped for a guilty plea. If the offender does not enter a guilty plea within a certain period of time, further charges may be brought against them. This is an excellent incentive to plead guilty.
• Not Guilty: The most frequent plea in criminal court is “not guilty,” which is a total rejection of any culpability. Even if the defendant feels guilty, entering a not-guilty plea will give the defense time to look over and consider the discovery—the details of the crime that the prosecutor is required to give the defense—related to the case.
• Nolo Contendere (no contest): A defendant who enters a no contest plea neither admits nor denies the allegations made against them. Because it is not a guilty plea, this may sound enticing to the defendant, but it might have negative effects.

In the event that the defendant does not enter a plea or does not show up in court, a guilty plea will be entered automatically.

Plea Agreement

Plea negotiating is the process of reaching an agreement to resolve the case with the defense and the prosecution.

The accused frequently consents to plead guilty in exchange for a lower charge (s). Typically, this entails a lesser sentence, though any plea agreements are subject to the court’s approval.

A Guilty or No Contest Plea Requires the Court’s Consent

The process of pleading guilty or no contest involves several steps. The defendant must be put under oath and must comprehend the following in order for the court to accept a guilty or no-contest plea:

• The defendant must declare that they are aware of their constitutional rights, which include the right to legal representation;
• How the charges are structured;
• The renunciation of their constitutional rights, such as their right to a trial, their right to remain silent about their accusers, and their right to cross-examine them in court

If you enter a guilty or no contest plea, there are consequences.

The court will also verify the defendant’s voluntary plea, free from coercion or duress and uninfluenced by threats of any kind.

Finally, the court must establish a factual foundation for the defendant’s plea. To do this, the court will examine the available evidence, and if there is sufficient evidence to support the defendant’s guilt, the plea will be accepted.

Removing a Plea of Guilty or No Contest With a KC Defense Lawyer

It might be possible in some cases to withdraw a guilty or no-contest plea. Normally, if the judge has not yet accepted a defendant’s guilty plea, they may withdraw it.

If sentencing has not yet taken place and the judge rejects the plea agreement to which the defendant has pleaded, the defendant may be allowed to withdraw their guilty plea.

It might be feasible to withdraw the guilty plea, for example, if a prisoner admits to a burglary in exchange for a sentence reduction to two years, but the court plans to give him a four-year term.

It’s doubtful that a guilty or no-contest plea will be withdrawn after the verdict. A judge will often only permit a withdrawal of a plea in cases of obvious injustice.

Possibility to Reconsider a Guilty or No Contest Plea

A defendant typically forfeits their ability to challenge the plea when entering a plea of guilty or no contest in return for a better deal.

But let’s say it turns out that the defendant did not know the implications of pleading guilty or that the plea was unintentional. A judge may accept an appeal in the situation.

What Are Impermissible Appeals?

A case cannot move forward, according to a peremptory plea, for various reasons. They are known as peremptory pleas because they assert that guilt or innocence should not be taken into account rather than providing a solution to the question of guilt or innocence.

Examples are:

• Double jeopardy: According to the principle of double jeopardy, an individual who has already been found guilty or cleared of a crime cannot be put on trial again. This is known as a “autrefois convict.”
• Plea of pardon: When the offender has already received forgiveness for the crime.

What Occurs if No Plea is Made?

When a defendant declines to submit a plea, it is typically assumed that they are pleading not guilty. According to the Federal Rules of Criminal Procedure, the court must enter a plea of not guilty if the defendant declines to enter a plea or fails to show up for court. When a defendant enters an unusual plea, it is typically taken to mean that they are not guilty.

How Do Special Pleas Work?

Criminal cases may involve special pleading like:

• Mental incapacity
• Contesting the court’s authority to hear a case involving the defendant
• The counterclaim
• Attacking the court’s authority to hear the case in question
• Entrance of abatement (used to address procedural errors in bringing the charges against the defendant)

Federal criminal trials no longer allow for special pleas. A motion to dismiss now raises defenses that were previously advanced by a special plea.

When a defendant enters a conditional plea, they admit guilt but expressly reserve the ability to challenge particular elements of the allegations. For instance, a defendant might retain the right to argue that evidence was illegally obtained.

Malingering or making up an illness during a competency assessment has been viewed as obstructing the course of justice and could result in a harsher punishment. Even if you enter a guilty plea, you could not be eligible for a sentence reduction since making up an illness is seen as a denial of culpability for wrongdoing.

What is a Mitigation Plea?

An expression used in criminal law procedures is a plea in mitigation. Usually, a lawyer would inform the judge of any mitigating factors that can result in a lighter sentence for the defendant.

What Exactly is an Arrest?

The first court appearance you will normally have in a criminal matter after posting a bond is an arraignment. During an arraignment, you enter a guilty, no contest, or not guilty plea. The arraignment should not require your presence if you hired counsel prior to the scheduled day. On your part, your lawyer in Kansas will have submitted a written plea.

What Are Your Options If You’re Charged with a Crime?

A criminal defense lawyer should be contacted right away if you’ve been charged with a crime. A competent Kansas City lawyer will inform you of your rights and assist you in developing a defense strategy. Additionally, your attorney will advocate for you and suggest the best course of action in court. Contact the Law Office of Benjamin Arnold today to learn more.