Sentences with phrase «of a plea bargain»

As part of a plea bargain agreement with a court of law.
However, points will not be removed if your attendance was part of a plea bargain agreement.
Both cases are important to defendants and criminal defense lawyers alike because they actually address the real - world implications of the plea bargaining process.
I think what we're seeing here is the result of a plea bargain.
I've also seen lawyers talk clients out of plea bargains so the lawyer has an opportunity to go to trial for one reason or another.
In rare cases, the charges will be dismiss or either there will be some sort of a plea bargain with a sentence that follows.
Once the terms of the plea bargain are agreed upon by both sides, it is submitted to the judge for final approval.
In other words you believe, based on their established history of plea bargaining cases, that you will probably be treated as if you are guilty already.
These lawyers need to remember that unlike their clients, they themselves have never had to live with the consequences of a plea bargain.
However, depending on the type of plea bargain or sentence being imposed, a no contest can be the equivalent of a guilty plea.
The vast majority of plea bargains fall into one of two categories.
You ought to also obtain a clear and also direct explanation from your criminal defense lawyer in order to identify whether the outcome of the plea bargain is preferable or not.
The major downside of the plea bargain is for an innocent accused being compelled to take a plea bargain agreement in order to avoid conviction for a severe felony penalty.
The process of plea bargaining involves the defendant agreeing to plead guilty to some charges in exchange for the dismissal of others.
Some situations may allow your lawyer to use an offer to pay back money or return property as part of a plea bargain.
While either side may initiate discussions, some charges do not lend themselves to any sort of plea bargaining.
See: (1) «The Triumph of Plea Bargaining,» (2011), 85 Criminal Reports (6th) 29; and, (2) «Plea Bargaining Is Sentencing,» (2009) 14 Canadian Criminal Law Review 55.
Prosecutors» method of plea bargaining changes so as to produce more guilty pleas which increases the probability of wrongful convictions.
Prosecutors» method of plea bargaining changes so as to produce more guilty pleas which increases the probability of wrongful
While the evidence of conduct on the part of the prosecuting or judicial authorities in a requesting state might amount to the abuse of extradition proceedings, cultural reservations about the style of plea bargaining should not stand in the way of extradition.
Is this an instance of plea bargaining in the New Testament?
In Canada, the notion of plea bargains or immunity deals in exchange for co-operation are well - established in criminal law in cases facing individuals.
«Section 16 (2)(b) of the Act provides as follows: A person who commits an offence under Section subsection 1 paragraph A is liable, on conviction, to imprisonment or a prison term not less than two years or a fine of not less than N10m... The provisions of Section 16 (2)(b) is clear and unambiguous... It is for the above reason that I find the proposal in paragraph of the plea bargain agreement, filed on 5th April, 2017, inadequate.»
Actress Lindsay Lohan is headed to rehab again, this time as part of a plea bargain for lying to authorities about a car crash last summer and for breaking her probation from a previous offense.
Instead of pleas bargains and deals, he may actually have to defend his client in court.
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.
If repudiation of plea bargains remains a relatively rare occurrence happening only in the clearest of cases it is not likely to have a dramatic chilling effect on pre-trial resolutions.
Even this step should not be construed as a guarantee of the strength of the plea bargain as, in Nixon, the senior crown had approved the deal after reviewing the initial crown's decision only to be overturned later by the Assistant Deputy Minister in the Attorney General's office.
On the other hand, should crown offices feel emboldened by the unanimous verdict of the SCC to expand the number of plea bargains that are repudiated upon senior review, the effects of such behaviour are likely to be far - reaching and severe.
And aren't the complaints about Apprendi and the current climate of plea bargaining beside the point, since plea bargaining was not all that common in the late 18th Century?
In a 402 conference, the judge, prosecutor, and defense attorney can discuss the details of the plea bargain so long as the defendant consents.
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.
Ms. Alexander's article has a particularly vivid example of a plea bargain that probably looked more attractive than a trial... at first:
In Lafler v. Cooper, 132 S. Ct. 1376 (2012), and Missouri v. Frye, 132 S. Ct. 1399 (2012), the Court recognized a right to effective counsel in the context of plea bargaining, [cut] but did not contemplate creating a duty to seek a plea when none has been offered.
Bruce Engel of Engel and Associates criminal lawyers in Ottawa explains the challenge of defending a fraud charge and the advantage of a plea bargain.
On the issue of the plea bargain, some have said the Harper government's agreement meant nothing because all it said was that they were inclined to favourably consider a transfer at the time, subject to security concerns.
Nicholas Medcroft, barrister at Outer Temple Chambers, says that in light of the dramatic change in plea, the case is prompting a debate about the US practice of plea bargaining.
You may lose the case withe the possibility of plea bargain or may result in lessor charges than originally stated
Mumuni urged the Attorney General of the Federation and those of the states to seek stiffer penalties for convicted corrupt officials and to minimise the use of plea bargaining to serve as deterrent.
For greater detail as to how this «trial penalty» system works, see: (1) «The Triumph of Plea Bargaining,» (2011), 85 Criminal Reports (6th) 29; and, (2) «Plea Bargaining Is Sentencing,» (2009) 14 Canadian Criminal Law Review 55, particularly this exchange of comments between a Superior Court Justice and the Crown, which clearly shows the presumptive power given the Crown's sentencing recommendations (at p. 59):
In a scathing rebuttal to former Suffolk police chief James Burke's argument that he should not get any jail time, federal prosecutors filed a memorandum late Monday arguing that he should get the maximum under the terms of a plea bargain — 51 months in jail.
The cocky Kaffee, who has a history of plea bargaining, is forced to bring his first case to trial when Dawson and Downey refuse to plea guilty and therefore be «dishonored.»
The court should not allow its cultural reservations about the style of plea bargaining to stand in the way of extradition.
When you accumulate between 3 and 11 points on your driving record, you're eligible to have 3 points removed (provided it's not part of a plea bargain agreement) by completing an NV DMV - approved safety course.
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