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You are presumed innocent until proven guilty.
You must plea one of three ways: Not Guilty,
Guilty, or Nolo Contendere (Latin for No Contest). You plea Not Guilty
when you are innocent. You plea Not Guilty when there is insufficient
evidence to prove guilt. You plea Not Guilty when you are uncertain
how to plea. You plea Not Guilty to demand your right to a trial.
When a plea of Guilty is entered, it is often after your Attorney has
negotiated a Plea Agreement with the State Attorney. This negotiation
includes the sentence to be imposed. Although the Judge is not
required to accept the State Attorney's agreement, most Judges will
honor negotiated plea agreements.
If you plea guilty or are found guilty there will be a sentencing
hearing. This will give you, your attorney, and any other interested
persons the opportunity to speak on your behalf. Unless your plea was
negotiated before hand, this is the time to present witnesses who
will testify as to your character. The Judge may order a Pre-Sentence
Investigation into your background and circumstances.
There are alternatives to sentencing: Pretrial Diversion, Pretrial
Intervention, Drug Court, and Probation. Each of these programs has
limitations and requirements. It is extremely important that you
seek out an attorney who is familiar with these programs as well as
which Judges may or may not look favorably upon these options.
A person convicted of a crime has the right to appeal his or her
conviction. During the appeal process the Judge may allow your
release on bail pending the outcome. The Judge will only do this
if he or she believes that the appeal has merit and that you will
reappear in court. The appeal must be filed within 30 days of
sentencing, but should be filed as soon as possible.
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