Category Archives: Criminal Law

When a criminal defendant makes the decision whether to plead guilty or go to trial, he or she often has much more to consider than whether he or she is actually innocent. Read on and learn more.

Pros of Pleading Guilty

• Resolving the case more quickly than if he or she waited a year or more for a criminal trial.
• Another advantage of pleading guilty is the expense for a lawyer is generally less when the lawyer does not have to go to trial. 
• When a criminal defendant pleads guilty when represented by legal counsel, he or she usually does so through the process of plea bargaining. 

Cons of Pleading Guilty

• Innocent people may be subjected to criminal punishments, such as having to go to jail and pay fines for crimes that they did not commit.
• In some jurisdictions, there is a statutory minimum sentence that the prosecutor cannot get around. 
• If the Judge does not like the sentence that was suggested by the prosecutor and the criminal defense lawyer, they can generally reject it and impose a longer sentence.

Pros of Going to Trial

• Going to trial buys the criminal defendant more time to prepare his or her defense and spend time with family before potentially going to jail.
• Going to trial and receiving an acquittal is the only way for an innocent person to have justice. 
• Another benefit of going to trial is that the criminal defendant receives all of the benefits of the United States Constitution. 
• Police misconduct or a failure to follow rules can get evidence suppressed so that it is not used against the criminal defendant at the trial.

Cons of Going to Trial

• Juries are often difficult to predict. 
• A defendant also faces the maximum penalty for a crime.

Can you make a plea deal even though you cannot state truthfully that you committed the crime? Fortunately, there are alternative plea arrangements available that will allow you to take advantage of a plea agreement without lying to the court.

No Contest (Nolo Contendere)

One option available to a defendant who cannot admit guilt is to negotiate an agreement that allows the defendant to plead “no contest” instead of “guilty.” If you plead “no contest,” you do not admit guilt or claim you are innocent. You simply acknowledge that the prosecution has enough evidence to prove you committed a crime and you agree not to contest the charges. You’re not simply entitled to enter such a plea, however. The prosecution must agree to a “no contest” plea, the judge must allow it.

Alford Plea

Another option available to a defendant who cannot admit guilt is an Alford plea. When a defendant enters an Alford Plea, he pleads guilty but asserts his innocence while acknowledging that the prosecution likely can prove guilt beyond a reasonable doubt. An Alford plea is not as common as a “no contest” plea but it is still available to defendants and used in a small percentage of criminal cases. Like a “no contest” plea, an Alford plea is only permissible if the prosecutor agrees and the judge allows it. 

Negotiating an Alford or “No Contest” Plea

Because the prosecutor must agree to an Alford or “no contest” plea before you can use it, the defense must negotiate this issue in advance. The defense first must make sure that the prosecutor will agree to the alternative plea. In felony cases, the parties often sign a written plea agreement before going to court. The fact that the defendant will be pleading “no contest” or entering an Alford plea should be included in the written agreement.

Source: https://www.criminaldefenselawyer.com/resources/can-i-plead-guilty-a-crime-i-didnt-commit.htm

A plea deal is a negotiated agreement in a criminal case. The defendant and prosecution agree to settle the charges without a trial. There can be many benefits of taking the deal, but pleading guilty means giving up your rights in court. Read on to learn more.

Some of the benefits of plea deals for defendants include:

• Reduced criminal charges
• Predictable outcomes
• Reduced sentencing
• Probation or deferred prosecution
• Faster resolution

In a plea bargain hearing, the judge will explain the charges to you and make sure you understand what will happen when you plead guilty or no contest. If the judge accepts the plea bargain, the judge will instruct you to admit guilt under oath. When this occurs, you are waiving your rights, including:

• The right to a jury trial
• The right to the assistance of counsel
• The right to a speedy trial
• The right to confront witnesses
• The right to remain silent and avoid self-incrimination

Other consequences of accepting a plea deal may include: 

• Immigration consequences, such as deportation
• Registering as a sex-offender
• Civil confinement, such as being confined to a psychiatric hospital
• The loss or suspension of a professional license
• Gun ownership restrictions
• Loss of benefits

Although once you agree to a plea deal you cannot usually retract your agreement if you meet the following: 

• Ineffective assistance of counsel
• Coercion to accept the agreement
• Ignorance of the consequences

Plea bargains, also called negotiated pleas or just “deals,” are the way most criminal cases end up. Read on to learn more.

For these reasons and others, and despite its many critics, plea bargaining is very common. More than 90% of convictions come from negotiated pleas, which means less than 10% of criminal cases end up in trials. And though some commentators still view plea bargains as secret, sneaky arrangements that are antithetical to the people’s will, the federal government and many states have written rules that explicitly set out how plea bargains may be arranged and accepted by the court.

Charge Bargaining and Sentence Bargaining

Lawyers and judges often divide plea bargaining into two types: sentence bargaining and charge bargaining. (Plea bargaining can, however, be broken into additional categories.)

Sentence bargaining is a method of plea bargaining in which the prosecutor agrees to recommend a lighter sentence for specific charges if the defendant pleads guilty or no contest to them. Charge bargaining is a method where prosecutors agree to drop some charges or reduce a charge to a less serious offense in exchange for a plea by the defendant.

When Are Plea Bargains Negotiated and Made?

In most jurisdictions and courthouses, plea bargaining can take place at virtually any stage in the criminal justice process. Plea deals can be struck shortly after a defendant is arrested and before the prosecutor files criminal charges. Plea negotiations may culminate in a deal as a jury returns to a courtroom to announce its verdict. If a trial results in a hung jury, in which the jurors are split and cannot make the unanimous decision required, the prosecution and defense can (and frequently do) negotiate a plea rather than go through another trial. And plea deals are sometimes reached after a defendant is convicted while a case is on appeal.

Pleading “No Contest” (Nolo Contendere) In Place of a Guilty Plea

A “no contest” or nolo contendere plea, in essence, says to the court, “I don’t choose to contest the charges against me.” This type of plea, often part of a plea bargain, results in a criminal conviction just like a guilty plea. And a no-contest plea will show up on a criminal record. 

The Consequences for Your Criminal Record

A guilty or no-contest plea entered as a judge-approved plea bargain results in a criminal conviction; the defendant’s guilt is established just as it would be after a trial. The conviction will show up on the defendant’s criminal record (rap sheet). And, the defendant loses any rights or privileges, such as the right to vote, that the defendant would lose if convicted after trial. Depending on the nature of the conviction and the defendant’s other interactions with the law, however, the defendant might be able to seal, or expunge, the criminal record.

When faced with the prospect of a long jail term, a plea bargain may be an option to reduce possible jail time, but you need to make sure you are getting the best possible outcome. Here are some questions to ask yourself in that situation. Read on to learn more!

Have I Talked To My Attorney?

This is the first step. An attorney has experience in plea bargaining and can ensure you get a good offer. You may feel you (or your friends or family) have sufficient legal knowledge. That said, an attorney will look at the evidence and decide if there are aspects of the charges that may be disputable. The lawyer may be able to tell if the prosecuting lawyer does not have a strong case and may be positioned to exploit that to your advantage. An attorney will fight for your rights in the face of adversity. The extra paperwork this creates for the prosecuting attorney may also make them more amenable to strike a favorable plea deal.

Is The Plea Offer Really Any Sort Of Bargain?

Remember that prosecutors have many cases and want to resolve them as soon as possible. They will want the plea deal negotiation to be as simple as possible – often to avoid the need of the trial. So, the prosecution may pitch a plea deal that is somewhat favorable to you to avoid a trial. However, your attorney will be able to see the strength of their case and going back and forth may be able to get you an even more favorable outcome.

Is This Offer Really In My Best Interest?

The prosecuting attorney may try to play the nice guy and make his plea deal seem attractive. But ask yourself, “Why?” He is not your friend or advocate and the case he has against you may be weak. That is why your attorney should be involved in the negotiations of a plea deal and can ensure the final arrangement is in your best interest. You may also be able to obtain an adjudication whereby you are not actually convicted but still must serve some form of probation or a lighter sentence than you otherwise would have.

When you accept a plea bargain you lose the right to appeal many of the facts and issues involved in your case – if you happen to be sentenced in a manner that is unfair, there may be no legal recourse. Judges normally accept the recommendation of a prosecutor. A plea deal means the jury may not have the opportunity to hear your side or hear evidence that may favor you. Prosecuting lawyers do not like to go to trial unless they must, so as the court date nears, the plea deal arrangements may become more generous.

Source

https://www.hg.org/legal-articles/when-should-you-accept-a-plea-bargain-in-your-criminal-case-30893

A good start is to go online and search for lawyers who practice criminal law located close to you.

1. If you need financial help to hire an attorney, it is a good idea to contact a pro bono service or a lawyer who works with legal aid from your online search. Although you need to register (it is free) Legal Match is also a good website for finding reputable criminal lawyers.Remember, the state must provide and pay for an attorney on your behalf when you cannot afford to pay for an attorney. Usually, an attorney from the local Public Defender’s Office will be appointed to represent you in court.
   

   Considerations When Hiring A Criminal Lawyer

   • How much you can afford
   • The type of criminal lawyer you need to use
   • The location of the lawyer
   • Your comfort level of working with the lawyer
   • The career experience of the lawyer
   • The educational background of the lawyer

   When Should I Hire a Criminal Defense Attorney?

   When facing charges for committing a crime, you should contact a lawyer without delay. An experienced criminal lawyer can let you know defenses available and work on a legal strategy to assure the best possible outcome to your case. They will also inform you of your legal rights and ensure you are fully protected. They can also help you negotiate a plea bargain as well as answer questions and offer legal advice through the entire legal process. 

The truth is, no matter how smart or well educated you are, the criminal justice system makes it virtually impossible to do a competent job of representing yourself. Each criminal case is unique, and only a specialist who is experienced in assessing the particulars of a case—and in dealing with the many variables that come up in every case—can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

• Negotiate “deals” with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
• Formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system.
• Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people.
• Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor’s offered plea bargain.
• Are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state statutes and constitutions. For example, understanding what may constitute an unreasonable search and seizure often requires familiarity with a vast array of state and federal appellate court opinions.
• Are familiar with local court customs and procedures that are not written down anywhere. For example, a defense lawyer may know which prosecutor has the real authority to settle a case and what kinds of arguments are likely to appeal to that prosecutor.
• Understand the possible hidden costs of pleading guilty that a self-represented person might never think about.
• Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
• Gather information from prosecution witnesses. Witnesses often fear people accused of crimes and therefore refuse to speak to people representing themselves. Witnesses are more likely to talk to defense attorneys or their investigators.
• Hire and manage investigators. Investigators may be able to believably impeach (contradict) prosecution witnesses who embellish their stories at trial. By contrast, it is far less effective for a defendant to testify that “the prosecution witness told me something different before trial.”

Source: https://www.nolo.com/legal-encyclopedia/need-lawyer-charged-crime.html

According to the Fifth Amendment to the U.S. Constitution, “no person shall be compelled to be a witness against himself in any criminal case.” In other words, the Fifth Amendment protects U.S. citizens from self-incrimination. But there are two exceptions to this rule. Although you do not need to answer any further questions asked in either scenario, in some states you will have to provide your name to law enforcement if they request that you identify yourself. The other time you will need to respond is if you are pulled over for a traffic violation and the police ask to see your license, registration, etc.

On the other hand, if a person does decide to answer a police officer’s questions, then any of the statements that they make in response can be used against them in a court of law. Also, the person may stop answering questions at any time, which means that all questioning by police must cease as well.

In addition, an individual has a right to have their attorney present if they do decide to answer any questions. If they decide to exercise this right, then their request for an attorney must be made in a clear and direct manner.

When Do I Have to Provide Some Information to the Police?

As previously mentioned, there are certain situations where an individual may be required to provide particular information or answer specific questions.

For example, in many states it is often the case that if the police see a person wandering aimless with no apparent direction and in way that poses a threat to the public (i.e., loitering), then they are allowed to ask the supposed loiterer for their identification as well as an explanation of what they are doing.

Do the Police Have to “Read Me My Rights” in Order to Question Me?

If a person has not been arrested or is not placed in a custodial type of environment, then the police are not required to read them their rights. In contrast, if a person has been arrested or is in police custody, then the police are required to read them their rights.

When a person is absolutely certain that they either are not or were not involved in any criminal activities and if they decide they want to help the police, then they are free to answer any questions that the police ask.

On the other hand, if the person thinks they are a suspect or they believe that the police suspect that they have committed a crime, then it would be in their best interest to remain silent or to tell the police that they refuse to say anything without consulting an attorney first.

Can the Police Stop Me and Question Me?

The police can stop and question anyone who they have a good faith belief are connected to criminal activity. Moreover, they also can detain them and pat them down for weapons if the officer feels they are in danger.

This entire process is called a “stop and frisk” or a “Terry stop.” Running from the police will provide them a sufficient enough reason to “stop and frisk” someone. Also, while the pat down part of the stop may be limited, if the police find any contraband, then it can lead to a full blown search and arrest.

Do I Need to Hire a Lawyer for Help with Police Issues?

Depending on the circumstances of your situation, it may be necessary to hire a lawyer. If you were merely a witness to a crime and it is more than clear that you were not involved in any way, then you may not need an attorney.

However, if you are a suspect or believe the police think you are a suspect, an experienced criminal defense attorney in your area can advise you of your rights and help you understand the complexities of the criminal justice system as well as your case.

Read on to learn some Arizona Laws regarding misconduct involving weapons.

1. A person commits misconduct involving weapons by knowingly:

1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:

(a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or

(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or

2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or

3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or

4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or

5. Selling or transferring a deadly weapon to a prohibited possessor; or

6. Defacing a deadly weapon; or

7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or

8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or

9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or

10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor’s agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or

11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or

12. Possessing a deadly weapon on school grounds; or

13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or

14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or

15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301; or

16. Trafficking in weapons or explosives for financial gain in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.

1. Subsection A, paragraph 2 of this section shall not apply to:

1. A person in his dwelling, on his business premises or on real property owned or leased by that person or that person’s parent, grandparent or legal guardian.

2. A member of the sheriff’s volunteer posse or reserve organization who has received and passed firearms training that is approved by the Arizona peace officer standards and training board and who is authorized by the sheriff to carry a concealed weapon pursuant to section 11-441.

3. A firearm that is carried in:

(a) A manner where any portion of the firearm or holster in which the firearm is carried is visible.

(b) A holster that is wholly or partially visible.

(c) A scabbard or case designed for carrying weapons that is wholly or partially visible.

(d) Luggage.

(e) A case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.

1. Subsection A, paragraphs 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:

1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or

2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or

3. A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections; or

4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.

1. Subsection A, paragraph 10 of this section does not apply to an elected or appointed judicial officer in the court facility where the judicial officer works if the judicial officer has demonstrated competence with a firearm as prescribed in section 13-3112, subsection N, except that the judicial officer shall comply with any rule or policy adopted by the presiding judge of the superior court while in the court facility. For the purposes of this subsection, appointed judicial officer does not include a hearing officer or a judicial officer pro tempore who is not a full-time officer.

1. Subsection A, paragraphs 3 and 7 of this section shall not apply to:

1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if:

(a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in 26 United States Code section 170(c) as a recipient of a charitable contribution; and

(b) Reasonable precautions are taken with respect to theft or misuse of such material.

2. The regular and lawful transporting as merchandise; or

3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.

1. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer, a regularly constituted or appointed state, county or municipal police department or police officer, a detention facility, the military service of this or another state or the United States, a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.

1. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.

1. Subsection A, paragraph 12 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.

1. Subsection A, paragraph 12 of this section shall not apply to the possession of a:

1. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked.

2. Firearm for use on the school grounds in a program approved by a school.

3. Firearm by a person who possesses a certificate of firearms proficiency pursuant to section 13-3112, subsection T and who is authorized to carry a concealed firearm pursuant to the law enforcement officers safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code sections 926B and 926C).

1. Subsection A, paragraphs 2, 3, 7 and 13 of this section shall not apply to commercial nuclear generating station armed nuclear security guards during the performance of official duties or during any security training exercises sponsored by the commercial nuclear generating station or local, state or federal authorities.

1. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to subsection A, paragraph 10 of this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.

1. If a law enforcement officer contacts a person who is in possession of a firearm, the law enforcement officer may take temporary custody of the firearm for the duration of that contact.

1. Misconduct involving weapons under subsection A, paragraph 15 of this section is a class 2 felony. Misconduct involving weapons under subsection A, paragraph 9, 14 or 16 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony.  Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct that violates section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, subdivision (a) of this section or subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony.  Misconduct involving weapons under subsection A, paragraph 1, subdivision (b) of this section or subsection A, paragraph 10 or 11 of this section is a class 1 misdemeanor.  Misconduct involving weapons under subsection A, paragraph 2 of this section is a class 3 misdemeanor/

For This Section:

1. “Contacted by a law enforcement officer” means a lawful traffic or criminal investigation, arrest or detention or an investigatory stop by a law enforcement officer that is based on reasonable suspicion that an offense has been or is about to be committed.
2. “Public establishment” means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
3. “Public event” means a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity.  Public event does not include an unsponsored gathering of people in a public place.
4. “School” means a public or nonpublic kindergarten program, common school or high school.
5. “School grounds” means in, or on the grounds of, a school.

Misconduct With Weapon And Assault With Weapon Penalties

In Arizona most cases involving Misconduct Involving a Weapon involves a victim or have a criminal record. Both of these factors are aggressively pursued by the Maricopa County Prosecutor’s Office. Typically, the prosecutor will seek a prison term upon conviction. Therefore it is imperative that you provide yourself with a strong defense. Upon conviction you can find yourself going to prison, serving jail, lengthy probation, fines, and counseling.

Source: https://www.azleg.gov/ars/13/03102.htm