Sentences with phrase «guilty pleas which»

Prosecutors» method of plea bargaining changes so as to produce more guilty pleas which increases the probability of wrongful convictions.

Not exact matches

The expected guilty plea makes the retired Army lieutenant general the first person to have actually worked in the Trump White House to face formal charges in the investigation, which is examining possible coordination between Russia and the Trump campaign to influence the outcome of the 2016 election.

Mueller also unsealed a guilty plea in October from former Trump foreign policy adviser George Papadopoulos, who admitted to lying to federal investigators about meetings in which he discussed potentially colluding with Russian agents to acquire Hillary Clinton's private emails.

for example, promotes «not guilty» as the standard plea, even in cases in which the perpetrator acknowledges doing the deed or has been caught in the act.

CNN: Priest's guilty plea throws wrinkle into Philadelphia sexual abuse trial Attorneys in the child sexual abuse and conspiracy trial of two Philadelphia priests debated Monday over which potential witnesses jurors would be allowed to hear regarding a third defendant who pleaded guilty to molesting boys just days before opening remarks.

Federal prosecutors recommended that David Wildstein, who has described himself as the mastermind of the so - called Bridgegate scandal, serve no prison time as a result of his testimony against his co-conspirators, which followed his guilty plea.

Last week, Attorney General Eric T. Schneiderman announced 55 guilty pleas resulting from Operation Gravy Train, which busted two major drug distribution networks that transported heroin, fentanyl, and cocaine to St. Lawrence County.

Prosecutors said the possible credit card fraud, which wasn't previously disclosed to them, was a violation of his cooperation agreement from his guilty plea that required he commit no further crimes.

The district, which covers Staten Island and parts of Brooklyn, was vacated by Grimm following his guilty plea on a felony count of tax evasion.

The prosecution is setting out the case against Chris Huhne, which hasn't been heard in court before because of his guilty plea.

Ellner's firm got the work despite his October 1997 guilty plea on tax evasion, for which he was sentenced to 1 month in prison and 3 years» supervised release, as well as a $ 5,000 fine, court records show.

Singh also testified that he pleaded guilty to bribing de Blasio, which was first revealed when a transcript of his secret, 2016 guilty plea was unsealed in January.

One thing is certain: Cuomo is doing no favors for DiNapoli by negotiating this deal with Hevesi so close to the general election, which is the first time the former assemblyman has run statewide since being placed in the comptroller's office by his legislative colleagues in February 2007 after Hevesi's first guilty felony plea in Chauffeurgate.

McInerney's guilty plea was part of a deal in which he agreed to cooperate with Special Prosecutor Trey Smith's investigation.

He also said he was fully vetted by the Second Department Grievance Committee of the New York court system, which conducted a thorough investigation into all the circumstances leading up to his guilty plea to determine his character and fitness to continue practicing law.

A Senior Advocate of Nigeria, Chief Mike Ozekhome, has approached the Lagos Division of the Court of Appeal seeking to set aside the guilty plea entered by four companies which were accused of laundering a sum of $ 15.591 m being claimed by the wife of ex-President Goodluck Jonathan, Patience.

The first Defendant (Badeh) pleaded not guilty to the charges preferred against him, while the court relied on Section 478 of the Criminal Justice Act to enter a «not guilty» plea for the second defendant which is a corporation.

Raj Rajaratnam, billionaire hedge - fund manager In his first two years on the job, Bharara charged 46 people with insider trading and secured 30 guilty pleas, which earned him a Time magazine cover with the headline «This Man Is Busting Wall Street.»

Padilla's attorney negotiated a guilty plea under which all but the marijuana charge would be dismissed, and further, where Padilla would serve five years of an otherwise 10 - year sentence.

The longer is pre-trial custody, the greater is the probability of a guilty plea, which increases the probability of wrongful convictions.

But the beginning of the Ontario Legal Aid Plan (which became Legal Aid Ontario by way of the Legal Aid Services Act, 1998, s. 3 (1)-RRB-, on March 29, 1967, meant many more accused persons had lawyers, which resulted in: (1) many more trials and a lot fewer guilty pleas; and as a result, (2) drastically over-crowded jails containing inmates awaiting trial; and, (3) shortages of staff in the Toronto Crown Attorney's Office.

Unrepresented accused persons + the greater rate at which they plead guilty + the power given the Crown prosecutor by plea bargaining, produce a lot of injustice.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

Instead of the presumption that some other judge will conduct the trial we now have the presumption that the judge may conduct the trial unless the defence is able to establish: (1) that there was a free and frank discussion of all aspects of the case including the possibility of a plea of guilty, or (2) that there are some other facts which give rise to a reasonable apprehension of bias.

In some cases, an experienced criminal attorney has the ability to negotiate a plea bargain with the state in which the accused would plead guilty to a lesser offense or negotiate to have a portion of the charges dropped.

Again, the prime focus is to achieve quick pleas of guilty at the earliest possible moment in a trial process, effectively the first hearing in the Magistrates Court, with a reducing discount on the sentence for every hearing in which a plea is not tendered as the process continues.

At the end of this whole process the resulting discount of 30 % on the fine is no different to that which could be achieved through early co-operation and a guilty plea.

It gives prosecutors a trump card in plea negotiations, which leads to an unfair power imbalance with the accused and creates an almost irresistible incentive for the accused to plead guilty to a lesser sentence,» she added.

Last year, the Illinois Innocence Project assisted in the passage of a law, which for the first time in Illinois allows those convicted by a guilty plea to go to court to get evidence tested that might exonerate them because they are innocent.

A charge against director Michael McGowan, under HSWA 1974, which he had denied, was ordered to lie on file following the company's guilty plea.

Monavon received a reduction of # 50,000 against each corporate manslaughter charge for pleading guilty on 9 May 2016, which falls close to the 10 % usually allowed for a plea «at the door of the court», rather than the maximum one - third reduction allowed for a plea at the earliest opportunity.

Rules 24 and 25 of CrimPR 2015 now cover the circumstances in which written witness statements (and other written material in the case of a written guilty plea in the magistrates» court) must be read aloud in court.

[1] Mr. Tremblay has entered guilty pleas to two charges: (i) wounding an animal, contrary to section 445 (1)(a) of the Criminal Code; (ii) mischief in relation to property, the value of which did not exceed $ 5000, contrary to section 430 (4) of the Criminal Code.

First, pleas are not given under oath and second, a not guilty plea simply means «the prosecution does not have enough evidence to convince the jury beyond reasonable doubt that I committed this specific crime I am accused of in the specific particulars alleged... I think» which is hardly a position that can be a lie.

Matthew — In order to contest this ticket, you must plead not guilty — which will then allow you to plea bargain with the prosecutor or set this matter for trial.

After entering guilty pleas or after conviction, your lawyer may be able to convince the court to grant you a discharge, which is a finding of guilt but not considered a criminal conviction.

In short both parties plead guilty to the offence and joint submissions (ie a plea bargain) were made which the Court accepted.

In the particular context of the SOCPA arrangements, the circumstances in which the guilty plea indication was given, and whether it was made at the first available opportunity, may require close attention.

There are particular difficulties in giving an indication in respect of a young offender — under 18 at the date of his plea of guilty or his conviction — because there is the additional option, which is not available when dealing with an adult, of imposing an extended sentence in respect of a serious specified offence.

It remains of considerable importance to examine whether or not the case is one in which the admission of the plea of guilty of a now absent co-defendant would have an unfair effect upon the trial by closing off many, or even all, of the issues which the jury is trying.

The line of authorities on the Police and Criminal Evidence Act 1984 (PACE 1984), s 74 (admissibility of guilty plea of co-accused) as distilled in the judgment of Lord Justice Staughton in R v Kempster, [1989] 1 WLR 1125, [1990] 90 Cr App R 14 (indicating that s 74 should be applied sparingly, because the evidence that a now absent co-accused has pleaded guilty may carry enormous weight in the minds of the jury, but it is nevertheless evidence which can not properly be tested in the trial of the remaining defendant) remains relevant despite the passing of the Criminal Justice Act 2003 (CJA 2003).

The judge says he and Ouellet plan to steal a page from British Columbia's approach, in which accused are offered the most lenient punishments possible in exchange for a guilty plea, and given 120 days to consider it.

Vancouver Criminal Defense Lawyer Emmet J. Duncan persuaded the Crown to DROP the dangerous driving charges and on a guilty plea to the charge of causing a police pursuit, persuaded the provincial court judge that given the Client's young age, lack of a criminal record, bright prospects and hearfelt acceptance of responsibility, Client should receive a CONDITIONAL DISCHARGE which not only means NO JAIL for the Client, but also means the Client will NOT have a CRIMINAL RECORD.

Where an entirely fictitious story was told to the police, that is a matter which the court is entitled to take into account when deciding upon the credit to be given for a subsequent guilty plea.

Cho's guilty plea and the evidence provided will be used to complement the LSUC's own evidence during the law society hearing, which is currently scheduled for March 8, 2017.

(1) The applicant sought leave on the ground that at trial she entered what amounted to an uninformed guilty plea, which should be set aside.

Not only does North Dakota share and receive driving data from other states, but it also records every out - of - state traffic conviction or guilty plea (which happens when a driver pays a ticket) on driving records.

Anyone who wishes to avoid paying these fines must have them dismissed, which typically requires entering a plea of not guilty and presenting a case before a court of law.

Also, really absurdly nitpicky note: under the «Don't include irrelevant info» paragraph it looks like the «arraignments» was written (def: A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law.