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Tag Archives: plea

The Art of the Plea Deal

The Art of the Plea Deal

Criminal defendants, those charged with a criminal offense, have no right to a plea deal with the prosecutor acting on behalf of the State of Florida. The right to a jury trial is guaranteed by the U.S. and Florida Constitutions.  The Sixth Amendment of the U.S. Constitution states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Nowhere… […]

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Is the Right to a Jury Trial in Criminal Cases Dead?

The right to a trial by a jury is guaranteed in the United States and the Florida Constitutions. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense, as stated in the Sixth Amendment of the United States Constitution. The right to a jury trial is what separates the people from the government. The jury trial system provides the… […]

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What Is A Plea Bargain

What Is A Plea Bargain

The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. Plea bargaining can conclude a criminal case without a trial. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant. In this agreement, the defendant agrees to plead guilty without a trial, and, in return, the prosecutor agrees to dismiss certain charges or make favorable sentence recommendations to the court. Plea bargaining is expressly authorized in statutes and in court rules. In federal court, for example, plea bargaining is authorized by subsection (e) of rule 11 of the Federal Rules of Criminal Procedure. Under rule 11(e), a prosecutor and defendant may enter into an agreement whereby the defendant pleads guilty and the prosecutor… […]

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Why You Need a Good Palm Beach County Criminal Attorney By Your Side

Why You Need a Good Palm Beach County Criminal Attorney By Your Side

This is what happens when you get arrested. First – you are sent to Palm Beach County Jail on Gun Club Road and you stay there until a bond can be set. Depending on the severity of the crime, your bond can be set automatically or you will have the right to appear before a judge within approximately 72 hours. Posting Bond You are entitled to a reasonable bond set by the court depending on the charge. A (bail) bond is a binding agreement to pay money to the court in the event you do not show up for court. It may either be a cash bond in smaller cases, or a surety bond if it is a serious charge. A surety bond is an alternative to cash bail. If… […]

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