Sentences with phrase «result of a plea bargain»

I think what we're seeing here is the result of a plea bargain.

The trick is that the orders take effect unless someone appeals them, and since deals like this are usually a result of a plea bargain which waives rights to an appeal, and even if the result is simply imposed by the judge, one has to consider if taking the case up on appeal, having the sentence reversed, and then having it remanded to the same judge for resentencing would be worse from the perspective of the defendant, given the broad authority of a sentencing judge in a minor case like this one, than simply accepting the illegal sentence.

Not exact matches

Kirk Makin recently reported «Top jurist urges review of «coercive» plea bargaining system» (Globe and Mail, Mar. 07, 2011: http://www.theglobeandmail.com/news/national/top-jurist-urges-review-of-coercive-plea-bargaining-system/article1933161/; see also http://www.thestarphoenix.com/news/Crime+agenda+increasing+abuse+plea+bargains/4414077/story.html) Among other things, Mr. Makin noted that «Judge Rosenberg told a weekend legal conference that plea bargaining is the result of «a big lie»: the legal system's claim that defendants will not... Continue Reading →

In fact, an average of 97 percent of all federal criminal matters result in a plea bargain between the government and the defendant.

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.

Sometimes there is also a question, especially where a conviction is based on a plea bargain, as to whether more or worse wrongs were committed than what formed the basis of the conviction and the resulting sentence.

The lawsuit charged that New York State's decision to abdicate responsibility for public defense to its counties resulted in a patchwork of often understaffed, poorly resourced and largely dysfunctional public defense systems where defendants were routinely arraigned without attorneys, urged to take plea bargains regardless of the facts of their cases, burdened by excessively high bail, and incarcerated for shockingly long periods for misdemeanors and petty crimes.

As a result of this strategy, we are often able to negotiate favorable plea bargains and, in some cases, get the charges dismissed altogether.

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.

A plea bargain doesn't result in the obtaining of property.

«If you're doing business with government of Canada, a conviction or plea bargain that results in a conviction can have an adverse impact on your ability to do business with the government of Canada.

In cases where they know dismissal is not an option, attorneys will plea for bargain — a method of negotiation that frequently results in a reduced fine or penalty for the offender.