How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2457
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
7 Criminal Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Plea Agreement Process

What is a Plea Agreement?

A Plea Agreement is used to help end a criminal case without having to result to a court trial. Plea Agreements end in a plea agreement between the prosecutor and the person charged of a crime. In the agreement, the person charged agrees to plead guilty to keep from going to a trial. After the defendant, agrees to plead guilty, the prosecutor decides to get rid of certain charges that were filed or make sentencing ideas that will benefit the defendant. A judge will have to finalize a plea agreement so the defendant knows that the person is letting go of rights to a trial. The judge has to make sure that the defendant understands the charges, knows what the person is being sentenced after receiving the guilty plea. Last, the person being charged has to make a confession of committing the crime; while in court.

Can prison statutes override a plea agreement made between the District Attorney and the defendant?

A prison system in many cases cannot issue sentencing guidelines or override a Plea Agreement. Jail sentencing and how long a person stays in jail is decided by a court judge. The District Attorney may have entered the plea into jail but it is still left up to the judge to sentence the individual. In order to confirm information; the proper officials can obtain the court minutes from when the sentencing had taken place. A person can obtain court minutes by going to the court where the sentencing hearing took place and ask the court clerk for a specific case’s files. Also the person can ask for a review of the minutes from the sentencing hearing.

Does a Plea Agreement has to cite the correct case to be legal? Can a person file a motion to dismiss judgment on a plea that has the wrong case number with no personal jurisdiction or no court authority?

If a Plea Agreement has the wrong case number, but has the right charges and the correct name of the person being charged, then court officials will consider this to be an error made by someone that is part of administration. The court looks at that as being a minor mistake and will correct the plea agreement. Personal jurisdiction is not a problem if the crime happened in that state/county; the court has a right and holds jurisdiction and authority to settle issues in a state/county. The person being charged has the right to have the plea agreement altered, which would be all the court would do when that person files to motion to dismiss the plea agreement.

If a person makes a plea agreement on a Class A felony charge; can that person appeal the plea agreement?

A person that is charged for a crime is allowed to file a motion to attempt to change the plea deal. When a person that commits a crime agrees with taking a plea; there is a process that the person must go through. The court system has to make sure that the defendant took the plea without being forced by a prosecutor or any other law enforcement officer. Second, the defendant must have gotten advisement from a lawyer to confirm that the plea with benefit the defendant. Third, the person will have to be completely sober when that person agrees to plea agreement. The person can’t be under alcoholic beverages or under the use of drugs. Last, the defendant has to understand that by accepting the plea agreement; that the person is agreeing to give up certain rights. The rights that are given up include the right to appeal and the right to a trial.

When doing the guideline computations after a plea agreement; can the counts that were dismissed be used in calculating the sentencing guideline?

In some cases, the counts can be used. The sentencing guidelines 1B1.3 (a) (2) states that “dropped charges will be counted for purposes of determining the sentence, subject to the statutory maximum for the offense or offenses of conviction.” So, in this case the individual can have the charge removed in a plea agreement under certain federal guidelines.

There are thousands of individuals each day entering the court room. These individual are searching for ways to obtain plea agreements from prosecutors to reduce sentencing on crimes that may or may not have been committed. What is a plea agreement? What is the plea agreement process? Experts are here to help understand the plea agreement process and to answer questions that may confuse people.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2457
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
7 Criminal Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Plea Agreement Questions

  • Hi, my friend went to a massage place in California and he

    Hi, my friend went to a massage place in California and he is freaking out because the girl from the massage place gave a "happy ending", he didn't really asked for it, it just happened. He is really afraid of getting arrested by the police. Should he hire an attorney or he is just making a big deal of it ?
    Note that no officers talked to him in his way out and nothing really happened.
  • In the state of Hawaii can a person be subpoenaed to take a

    In the state of Hawaii can a person be subpoenaed to take a lie detector
  • My son-in-law has a girlfriend that has on several occasions

    My son-in-law has a girlfriend that has on several occasions filed charges of assault against him when she gets mad at him when no assault ever occurred. She usually drops the charges against him before it goes to court. My concern is that she does this with such ease and comfort that he may just be the next guy in a long line of guys that she has done this too. Is there anyway to find out if she has a history of doing this sort of thing?
< Last | Next >
View More Criminal Law Questions