what happens when you demand a trial by jury but the judge gave you the max penaltys already. she pleads not guilty to something she admitted doing. she is charged with false report of a offense disorderly conduct. if she pleads guilty now she will get max penaltys right? so does she think the jury will lower the sentence? or do you think they will increase it?
2006-12-13 16:15:27 · 9 answers · asked by jen31 2 in Politics & Government ➔ Law & Ethics
she has a public defender, see what happened was she accused my hubby, her ex, of molesting their son. they had to do a lot of investigating then she took a lie detecter test and failed then admitted to making it all up.
2006-12-13 16:22:38 · update #1
You're a little unclear here what happened, and I think its just honest confusion.
If the person in question has pleaded not guilty, and then has requested a Trial by Jury, then the case most likely has not come to the sentencing phase.
At the arraignment stage, (beginning of the legal process) the judge is required to inform the defendant of the charges against him/her, the penalties, (minimum and maximum) and of their constitutional rights, including (in many cases) the right to trial by jury. (some offenses, such as a speeding ticket, do not qualify for a jury trial). If jail is a possibility, the court will generally provide a free lawyer if the accused cannot afford one. Otherwise, I highly recommend that she contact an attorney in the area for representation. If she doesn't know an attorney, call the local or state bar association for a referral.
I suspect from your narrative that is what happened here.
Her sentence will be determined by her prior record and by the laws of the state and/or locality in which the crime was committed. Only an attorney who practices regularly before that court can tell her what her sentence will likely be for the offense. As I said before, she should retain counsel.
2006-12-13 16:20:44 · answer #1 · answered by Phil R 5 · 2⤊ 0⤋
Uh, this is happening in the United States of America, right? Because the judge can't impose a sentence until after you've been found guilty so either she plead guilty or there's already been a trial.
But, regardless, juries don't give out sentences. They can only decide "guilty" or "not guilty." If they vote "guilty" then the judge still is the one who decides the sentence.
If she's not happy with the sentence, her only recourse is to appeal.
She really needs to discuss this with her Public Defender. She's entitled to a court appointed attorney if the sentence can be imprisonment. You don't get free attorneys for stuff like traffic tickets where you just pay a fine but, if she's facing a possible jail sentence, then she should have an attorney appointed to defend her if she can't afford to hire one.
2006-12-13 16:18:47 · answer #2 · answered by Anonymous · 0⤊ 2⤋
Being in a law field the judge is actually doing this girl a favor. Considering all the crimes she has done a jury would most likely give her the max sentence. She may not think it but the judge is being very nice by preventing her from having a jury trial
2006-12-13 16:17:50 · answer #3 · answered by Anonymous · 1⤊ 0⤋
jurys don't make the sentence, they only decide on the crime. the judge decides the sentence. She could get a lesser charge but the max sentence, or a higher charge but a lesser sentence. if she pleads not guilty she take the risk. However try to get a plea, they are usually pretty fair. However, you may or may not get a good verdict with the jury dependant on evidence.
2006-12-13 16:18:04 · answer #4 · answered by Claire 2 · 1⤊ 0⤋
The jury decides guilt or innocence.Judge gives the sentence.If the judge alreadt gave max sentence how can she plead not guilty?
2006-12-13 16:20:48 · answer #5 · answered by danp 3 · 1⤊ 0⤋
the jury doesn't pick the sentence. The judge does. they just listen to the facts and make a recommendation. The judge generally listens to them and then determines sentencing.
2006-12-13 16:17:16 · answer #6 · answered by snshnbtrflis 3 · 0⤊ 0⤋
I served on a jury one time in my life, and the case was similar to what you described. Our 1st vote was 5-1 convict. the 2nd ballot was 6-0 acquit because the state failed to prove the case. She had a GOOOOOOD lawyer who coached her well.
2006-12-13 16:19:02 · answer #7 · answered by bob h 5 · 1⤊ 0⤋
Unfortunately, judges tend to give maximum leeway for a mother.
The question was confusing. I assume that she has more than one charge, hence the multiple trials?
Usually, these opinions will be suggested to her by her lawyers so they might have another outcome in mind.
2006-12-13 16:30:08 · answer #8 · answered by QuiteNewHere 7 · 1⤊ 0⤋
yes most certainly
2016-05-23 23:53:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋