Once someone has plead guilty how often does that person successfully change the plea vs how many times is this attempted? Can anyone provide plain numbers not subjective experience? Also what are the winning arguments for these plea changes? Any discussion of Rule 11 and post-conviction appeal is welcome.
2007-10-20 21:28:50 · 5 answers · asked by stephiek 2 in Politics & Government ➔ Law & Ethics
Hello some great points are already made by answerers. They lead me to clarify. First, I am interested in any particular state/ county/ jurisdiction. I dont think a national statistic could exist meaningfully even if being compiled, since jurisdictions are so individual. Second, I do not know if a guilty plea is synonymous with a guilty sentencing but assume it is. However a sentencing procedure is often avoided by entering a guilty plea at an earlier trial stage so maybe they truly are different. What I am interested in are pleas only: not sentencing after trial. Finally I am not as hooked on numbers as it might sound from the first question. Actually I doubt numbers exist, thats why I first put that out there. But I appreciate all leads toward getting that data. Actually subjective comments from subject matter experts are extremely valuable so please let me know what you know.
2007-10-20 22:12:10 · update #1
I am not sure in which state you are talking about (or if you are talking about the federal system). I am not sure if anyone keeps those numbers in any official list anywhere. I know that most of the states keep track of and publish the numbers filed (as do the federal courts). None of those publications, however, note how many are granted.
I would suppose that an individual who was interested could do a check database by database to compile those numbers.
In the absence of official numbers, all that I can tell you is that I have not seen a high percentage -- either in the jurisdictions in which I practice or in the appellate opinions that I have seen. The standard for changing plea is rather high.
2007-10-20 21:37:19 · answer #1 · answered by Tmess2 7 · 0⤊ 0⤋
Post-conviction odds are fairly good--as long as the Judge hasn't allowed proceedings to go in the sentencing phase.
Once that passes, your only shot of changing your plea--and it's really NOT insomuch a plea change---is getting an appeal hearing--where you can declare for record your plea change of not guilty and/or guilty.
There's not much regard to such a plea change during appeal hearing trials; it's best you then focus on winning the appeal.
2007-10-20 21:33:10 · answer #2 · answered by Mr. Wizard 7 · 0⤊ 0⤋
Now, the place did you get such an theory? Did you examine her "plea good purchase" someplace? Or did you purely pay attention it from somebody? Or did you purely make it up? I heavily doubt which you be attentive to something in any respect approximately any case, interior the previous, against cindy Mccain. in case you do, hyperlink it for us. in case you do no longer, stop enjoying video games.
2016-10-13 09:49:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Ask Senator Craig.
2007-10-20 21:32:29 · answer #4 · answered by suspendedagain300 6 · 0⤊ 0⤋
seven per year. always at the appellate level.........i just ''googled it''
2007-10-21 01:20:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋