Sentences with phrase «because of a plea bargain»

Relevant conduct allows defendants to be sentenced for what they actually did and not based on some watered down charge that resulted because of a plea bargain.

Not exact matches

At the resumed proceedings on Thursday, however, Omenwa, who appeared for the EFCC, told the court that he was instructed to reject the settlement terms proposed by the defendants because they did not comply with the provisions of the Administration of Criminal Justice Act on plea bargain.

The use of plea bargains is particularly insidious, because the accused typically don't have the money to make bail or mount a vigorous defense, so even the innocent are willing to plead guilty just to secure their freedom.

For instance, charges of rape or murder probably will not resolve through plea bargaining because most people view such crimes as deserving the highest punishment.

Because New Jersey prohibits plea bargaining, you also have fewer opportunities to reduce or eliminate the consequences of a conviction.

What governments do, do for the justice system doesn't cost money, such as, the Truth in Sentencing Act of 2010 (see, Criminal Code s. 719 (3)-RRB-; and, talk of abolishing the preliminary inquiry, which would be a very big mistake because: (1) what other opportunity is there for defence counsel to challenge the reliability of evidence that comes from complex electronic systems and devices, so as to better prepare for trial and plea bargaining?

It is easy to rely on a plain reading of the Sixth Amendment and argue that because there is no constitutional right to a plea bargain, an attorney's ineffective assistance at the plea bargaining stage does not deprive a defendant of any constitutional rights.

Both cases are important to defendants and criminal defense lawyers alike because they actually address the real - world implications of the plea bargaining process.

The taxpayers argued that it was appropriate to deal with these issues before the hearing, whereas the Crown argued that these issues could not be determined on a Rule 58 motion because, in this case, the facts arose from a plea bargain rather than a determination by a court, the agreed facts did not address the GST liability of the corporation or the other individual's income tax liability, and the facts (and tax liability) of a criminal proceeding would only prohibit the parties from alleging a lower tax liability in a civil proceeding.