Hernan Taylor & Lee

Every defendant in a criminal case is guaranteed certain constitutional rights at trial. When you enter a plea to a criminal charge, you give up, or waive, those constitutional rights. At the time a plea is entered, the judge or prosecutor will ask the defendant if they understand the specific rights they are waiving.  Among these rights are:

1. The right to a trial by judge or jury (a right to a trial by jury exists on most charges);
2. The right to remain silent;
3. The right to be presumed innocent;
4. The right to require the State to prove your guilt beyond a reasonable doubt;
5. The right to use the power of the court to subpoena witnesses to testify on your behalf;
6. The right to confront the witnesses for the State;
7. The right to offer other evidence at trial; and
8. The right to have an attorney represent you at trial.

The defendant will also be asked if they are under the influence of alcohol or drugs, if they suffer from any mental illnesses or conditions, and whether they are entering their plea freely and voluntarily. The court will advise them that, if they are not a United States citizen, a plea to any criminal charge may have a negative effect on their immigration status.

The judge asks all these questions to ensure that the defendant understands what is happening in court and knows the consequences of entering the plea.

October 3rd, 2008 | Category: Criminal Defense |  Print This Post | Subscribe to comments | Leave a comment | Trackback URL