help!!!!!!!!!!i need to UNDERSTAND ABOUT OUR JUSTICE SYSTEM?

Question

I AM TRYING TO GET THE TRUTH ABOUT A CRIMANAL DOMESTIC VIOLENCE COURT TRIAL,,MY FRIEND THAT I KNOW SAYS THAT IF A PERSON TAKE A CASE ALL THE WAY TO TRIAL ,,ALL OFFERS FROM THE DA ARE NO LONGER OPTIONAL TO YOU,AND BECOUSR YOU CHOOSE TO GO TO TRIAL AND FOUND WERE GULTY ,,YOU THEN MUST SERVE THE MAXIMUM SENTENCE THAT THE CRIME CARRIES IS THIS TRUE OR FALSE

Answer 1

Not necessarily. If the defendant was offered a deal and declined it and it goes to trial many times the DA withdraws the offer. However, the defendant won't necessarily get the maximum sentence. That has to do with the severity of the crime, the defendants criminal past, what the judge had for breakfast that morning, a lot of things. He won't automatically get the maximum sentence but it is certainly a possibility. If he has a good lawyer he may be able to argue for leniency in sentencing.

Answer 2

That is how the Justice system works, If you are guilty and they have you, you plea and get a minimal sentence.

If you are innocent and demand to go to trial, unless you can prove you are innocent (and are believed) then you will get a harsher sentence (though maybe not maximum, depending on how outrageous they think the crime is).

Your court appointed attorney is underskilled (usually) underpaid and overworked and figures you are guilty in any case, so may be less than no help.

The result is that innocent people tend to get longer sentences than guilty people. But unless it happens to their friends, they don't care. I have a friend that spent a year and a half in prison for cussing out a banker in front of the other customers.

They offered him a year and a day, he fought it and got a year and a half.

If you friend is actually guilty, then plead it . If not he can choose between being a victim or a martyr. It only is worth being a martyr if anyone knows or cares. For the price of a house he can hire a real lawyer, and perhaps get off, perhaps not.

Unless there is someone willing to keep all their stuff safe and upkept, they will probably loose it anyway.

It won't happen soon enough to help your friend, but you could help others by lending yourself to the fight to return an honorable legal system to the country. The fight hasn't even begun as yet.

Answer 3

False. If the DA makes an offer, there is no guarantee a judge will accept it. If a trial were held, there may be a not guilty verdict (ask O J Simpson how that works) or a hung jury. With a trial you take your chances. A judge, not knowing the plea bargain, might give a lighter sentence. You don't automatically get the max unless you are a three-time loser.
Plea deals are off the table when a case goes to trial. However, you can still try to negotiate while the trial is proceeding.

Answer 4

aI think everything except the maximum sentence is correct.
Most crimes have a range the judge can impose. I would assume the judge (never been one) would take things into account like repeat offender, etc before giving the sentence and I all so assume that some of that may be, whats the term suspended (no jail for that) unless you screw up latter.

Answer 5

You can always try to work a deal up until the time a verdict is reached (that is, guilty or not guilty). Once a verdict is reached, the judge determines the sentence, but they almost always give a sentence which is within a narrow range of established guidelines, rarely the "max" unless there are unuusal circumstances.

Answer 6

The judge is the one to impose the sentence, the prosecution can only suggest one(there are also mandatory sentences too).

Answer 7

If he is guilty, then let him fry.