Wednesday, February 5, 2014

Ithaca DWI Lawyer Why is Pleading Guilty NOT the Same as Being Found Guilty?


In a prior blog post and video I explained why pleading guilty to a charge or being found guilty of a charge are UNDER THE LAW =

In this blog and video I give the one big difference between pleading guilty and being found guilty.

If you agree to plea to a charge or charges then you will receive something in return for making less work for the Court, the Judge, the County, the prosecutor, i.e. the system. What you will receive is usually two fold:

1. Leniency

A lighter sentence of punishments. Maybe no jail, or no prison, or no probation, or self monitoring and treatment of a mental and/or chemical issue. Ease of complying with any imposed penalties, maybe weekends in jail or community service.

2. Less Charges (in total) or Lesser Charges

At the start of most cases the prosecutors and the police will charge with the highest levels possible under the law based upon the best perception (view) of their evidence against you. Your deal/plea bargain/agreement will take into consideration lesser charges or lesser number of charges.

Without a Plea Bargain in Place All Bets are Off!

Prosecutors and Judges will likely punish harder and more with a challenge to the evidence. Pushing them to what they believe to be an unnecessary trial places your future in the hands of a jury as to guilt or innocence BUT if they decide guilt then the DA and the Judge are under no restrictions. each situation is unique but your EXPOSURE must be considered by you and your attorney.

Whether this is fair, just, or right is not for this blog post. The reality is this, you make things harder for them watch out.

KEY TAKE AWAY: 

I believe there is a time and place to challenge just about everything but it must be given ample consideration with weighing out benefit and detriment to choices.

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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607-229-5184

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