Sentences with phrase «issue of the plea bargain»

Not exact matches

In contrast to Hunger, American Violet is packed with dialogue and issues, and it's most provocative when dealing with the dangers of plea bargaining.

The majority of felony criminal cases are resolved in the pre-trial phase of criminal proceedings through court appearances (conferences and hearings), waivers, motions (requesting court to resolve a dispute about the evidence or charges between the defense and prosecution), discovery issues, and plea bargains or negotiations.

Collateral issues before the juvenile court Defendant statement verification Witness statement verification Pre-trial plea bargaining Post-conviction sentencing Terms and conditions of probation Sex offender treatment programs Submitted by William Stanley Lane, certified polygraph examiner.

More concerning for some lawmakers, including state Sen. Karen Tallian, D - Ogden Dunes, is Pence reversing course on his past actions to eliminate mandatory minimums by now reducing the ability of judges to issue the appropriate sentence for each criminal and giving prosecutors the upper hand in plea bargaining with an accused.

Where there is a real evidentiary proof or legal issue concerning a prosecutor's ability to prove a DWI, a dismissal or downgrade of the offense is not a plea bargain.

My chief concern is not the narrowness of the NJ recommendations, but the failure to explore complicated issues relating to how having (or not having) the death penalty on the books (or an expanded LWOP) might impact charging and plea bargaining practices throughout New Jersey's criminal justice system.

While prosecutors are prohibited from resorting to plea bargaining to downgrade a second tier to a first tier, lowering is permitted if your Holmdel DWI defense lawyer presents a meritorious issue concerning the validity of the original breath test result.

The issue arose, inter alia, as to whether a proposed plea bargain by the US rendered the application for extradition an abuse of 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.

As part of what may be a multi-year, sea change in the law of lawyering, the SCOTUS issued two more opinions that extended the constitutional guarantee of effective assistance of counsel to the plea bargaining stage of criminal matters.