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Everything You Need to Know About Plea Bargaining Laws

Handley LLC May 24, 2020

In 2012, the Supreme Court of the United States said that "Plea bargaining is not an enhancement to the criminal justice system; rather it is the criminal justice system." The large number of criminal cases that have been brought into our mass imprisonment scheme means that plea deals are the only way to manage the enormous number of cases in the prosecution and courts. A fair process, meaningful justice and even the rule of law are missing in the existing plea bargain system. You can talk to a criminal defense attorney to learn more about it.

Right to A Jury Trial

When a defendant has a civil right, either on state or federal charges, not to plead guilty or to ask the jury for a criminal hearing that may lead to the conviction of an inmate a jury trial is done. The convict can appeal for the same.

No Access to Oklahoma Plea Deals or Plea Agreements

This is also in the best interest of the defendant to discuss the opportunity for Oklahoma plea bargains. In most cases in the United States, although Oklahoma plea negotiations do not have a constitutional "right" or even a statutory requirement, the judge is solved in agreement or results in a blind plea (meaning that the customer relies on a court's "mercy" without a decision).

A good lawyer won't encourage a client to make a bargain if the client is innocent, but often a client will prefer to ask for a bargain, whether he's innocent or guilty.

Circumstances of The Plea

  • Unless the client already has been found guilty

  • Where the client has been convicted of some offenses but not the one charged

  • Cases in which a defendant chooses to plead for a crime include: In such a case, the customer denies the offense, but the customer admits, if the prosecution has presented the evidence, it is possible that the conviction will occur

  • Where a charge of felony is reduced to wrongdoing or a 'lesser' felony charge to obtain a reduced sentence

  • Where a lower sentence for a charge can be obtained by making a plea

Rights Surrendered when You Plead Guilty

You give up the following constitutional or statutory rights when you plead guilty or do not plead guilty:

  • You have the right to plead guilty and have your innocence or guilt determined by the judge or jury;

  • You have the right to a jury trial and can, if you and the state decide to withdraw from a court, waive that right to allow the defendant to hear the truth of a trial bench.

  • The right to prompt and public hearings is yours.

  • You have the right to counsel at any level of the case, and one will be named to represent you if you cannot afford an attorney.

  • You have the right to see and hear all evidence against you and to cross-examine them.

  • You have the right to order witnesses to testify or submit records.

  • You can do so by subpoena.

If you are going through any plea bargaining case, contact Handley Law Services in Oklahoma for criminal defense attorney.

** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.