Gainesville Defense Attorney in GA
14. Guilty Plea or Trial? (Jury Trial vs. Bench Trial)
After fully evaluating your case, you and your attorney have to make a decision. Are you going to be able to negotiate a plea bargain you can live with? A great lawyer will get you the best deal possible so that you have a baseline from which to evaluate whether or not to take the deal or fight on with a trial. Ninety percent of all cases end in a guilty plea of some kind. Often there is a charge reduction, meaning that the more serious charge is dismissed in exchange for a guilty plea to a lesser offense. If a charge reduction cannot be secured, the recommended sentence can often be minimized to avoid unnecessary incarceration or conditions. For those who need therapeutic rehabilitation, there are even alternative sentencing programs and Treatment Courts. Talk to your lawyer about the best choice for your particular case. When you plead guilty, you give up a lot of your rights. You give up the presumption of innocence in your favor. You give up the right to make the State prove your guilty beyond a reasonable doubt.
These are essential rights and should never be given up without a clear understanding of the implications. Special considerations for Foreign Nationals: there can be some serious additional consequences of a conviction for non-citizens — namely, deportation. Often times deportation is a worse consequence to the accused than the risk of punishment for the underlying offense. This is especially true when facing a status offense such as driving without a license or working with a false identification. With our wide variety of service, the CLC attorneys can help assist you in any legal matter that may occur. With our offices located in Gainesville we are conveniently located and are able to meet face to face to discuss you individual legal needs.
Gainesville Defense Attorney
The U.S. Supreme Court has now said that a lawyer has an affirmative duty to investigate the potential immigration consequences and accurately inform the accused of those consequences. When you plead guilty, the State will make a recommendation for sentencing, but only the judge will decide your actual sentence. The judge usually follows the negotiated recommendation and if she doesn’t, you will be allow to withdraw your plea. You can plead guilty without entering into a negotiated plea bargain with the State. But this is very risky. If you plead guilty without a recommendation, whatever the judge decides will be final and you cannot withdraw your plea if you are dissatisfied with the decision. At CLC we are professionals when it comes to legal matters. We are well know and trusted in the Gainesville, GA area and are available whenever you need out assistance.