This may occur by phone, email or in person. If you have a lawyer and have been provided with the preliminary brief of evidence, a summary case conference must be conducted before a matter can be listed for a contest mention or summary hearing. If you plead guilty to a charge, it means you admit breaking the law and committing that offence.
A judicial officer will generally sentence you on the same day if you plead guilty, unless you need more time to prepare for the plea hearing. See the Victoria Legal Aid website for more information about pleading guilty. If you plead not guilty, it means you do not agree that you broke the law or that you did what the prosecution say that you did.
The prosecution is required to prove your guilt to the legal standard, beyond reasonable doubt. The court must be notified as soon as possible of a not guilty plea so a new court date can be set. The matter will not be heard on the original date listed on your court documents but if you are on bail you must attend on that original date in order to request that your bail be extended to the new date.
If the charge cannot result in a jail term for example, careless driving then you will stand beside the dock. If you have a lawyer, your lawyer will usually tell the court what your plea is. You can plead guilty or not guilty. You generally will not plead guilty on that first day in the following cases:.
This is so that you can talk with your ongoing lawyer before entering a plea. A remand is where your case is put off to another date without a plea being entered. Note: If you have been charged with more than one offence, you can plead guilty or not guilty to each of the separate charges against you.
If you plead guilty, this means that you admit committing the offence you have been charged with. These reports are prepared by probation officers, who are generally in the courtroom. At sentencing, the police prosecutor will read out the summary of facts these are the facts the police rely on to prove that the offence was committed and state their recommended sentence. The judge will then decide your sentence. You can apply to change your plea from guilty to not guilty at any time up until you are sentenced.
When you plead no contest, you are not explicitly admitting guilt. However, by not choosing to contest the charges, you are largely doing the same thing.
Pleading no contest means that you will be convicted of the crime. However, you get to avoid a lengthy trial. You are likely wondering why you would plead no contest when you may be able to strike a plea bargain with the prosecutor in exchange for a lighter sentence. You could still plead no contest as part of a plea bargain.
In fact, it often works out to your benefit to accept a plea deal with a no-contest plea as opposed to admitting guilt. However, the potential jail sentence would not be different based on your plea. Convictions are the same no matter how the court arrived at them.
In rarer cases, you might not get a plea bargain but simply do not want to go through a trial. Essentially, the key difference boils down to accepting responsibility for the crime versus not challenging a conviction. Even though we are describing a no contest plea in terms that seem less than honorable, you may have very valid reasons to do this instead of pleading guilty.
While the distinction may seem insignificant, one of the major differences between the two types of pleas is the effect that it can have in another legal case. In many cases, criminal penalties are not the only legal consequences that you can face as a result of an incident.
You may also face a civil lawsuit if someone was hurt by what allegedly occurred. When you plead guilty in some criminal cases, it is automatically used against you in a civil case. The admission of guilt is on the record and can transfer to another court. However, pleading no contest, while it has the same effect as a guilty plea, means that there is no admission of guilt. This means that there is nothing to use against you in a civil case.
The plaintiff, in that case, would still need to prove their case by a preponderance of the evidence. If the plaintiff tries to introduce a no-contest plea into evidence, it will be excluded from the trial.
A plea of guilty means that the act with which you are charged is prohibited by law, that you committed the act, and that you have no defense or excuse for the act. Before you enter a plea of guilty, consider the following: 1. The State has the burden of proving that you violated the law. You have the right to hear the State's evidence against you.
A plea of guilty may be used against you later in a civil suit. A plea of nolo contendere means that you do not contest challenge the State's charge against you.
You will almost certainly be found guilty. This plea cannot be held against you in a subsequent civil suit for damages. Click here for more information on weddings in Dallas County.
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