Wednesday, February 5, 2014

Ithaca Cortland Lawyer Why Pleading Guilty is the SAME as Being Found Guilty?



Guilt or Innocence is Really Legal Guilt or Legal Innocence

When you are charged with a crime by the police it is based upon "probable cause." PC is merely reasonable and trustworthy information that a particular person committed a particular offense. With a New York DWI it is usually based upon driving (moving violation) plus odor or alcohol or marijuana plus impaired/intoxicated behavior.

Being found legally guilty requires that they proof each part of their case to the beyond a reasonable doubt level (standard). The Judge will instruct the jury on what reasonable doubt is and means but in their minds (it may mean something else entirely).

Is there Really a Difference if You Just Plead Guilty to a Charge versus Challenging the Evidence (proof) against YOU and Being Found Guilty of the Charge?

The easy and fast answer is that there is NO difference. Whether you plead legally guilty or are found legally guilty you wind up at the same place. You wind up in front of a judge for sentencing (punishment). Under the law, it looks the same on paper, on the final documents.

See my next blog post and video to understand why (pleading to the charge OR being found guilty to the charge) they are NOT exactly the same.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

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