Crosswords2 mins ago
Changing a plea from guilty to not guilty
7 Answers
Hello all,
I have 3 freinds up in court for sentence on 22nd may 2008.they have all pleaed guilty to an assault on a ******* monster and a wife beater.
Anyway all 3 have been advised to plead guilty,
and they are facing a custodial sentence,
but they feel they have been misrepresented.
Is it to late to fire there legal team,and would they be able to reverse the plea to not guilty.
Any advice is much appreciated.
John
I have 3 freinds up in court for sentence on 22nd may 2008.they have all pleaed guilty to an assault on a ******* monster and a wife beater.
Anyway all 3 have been advised to plead guilty,
and they are facing a custodial sentence,
but they feel they have been misrepresented.
Is it to late to fire there legal team,and would they be able to reverse the plea to not guilty.
Any advice is much appreciated.
John
Answers
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of course they can plead not guilty,if they want,but by the sound of it thay would get found guilty if they had a trial,and by them changing their plea and costing the taxpayer money,its possible,they could receive a longer sentence,their best option is to admit guilt and remorse, and then see how that goes,they can allways appeal after.
Once you plead guilty to an offence in court you are convicted there and then. There may be a delay before the court sentences you (if, for example, reports are called for, as is usual where custody is considered) but the conviction is recorded on the day the guilty plea is entered.
To reverse this your friends need to get the court to set aside the conviction and re-open the case so that they can enter their plea again. They will need good grounds to succeed with this. If they are doing so on the basis that they were misrepresented they will have to prove to the court that this was so.
To reverse this your friends need to get the court to set aside the conviction and re-open the case so that they can enter their plea again. They will need good grounds to succeed with this. If they are doing so on the basis that they were misrepresented they will have to prove to the court that this was so.
misrepresentation is a heavy comment, thier legal team must have looked at the evidence, knew that its a loss before it begins, and given the best advise possible - which is plead guilty and show remorse.
Thier legal team will then fire mitiating or aggravating factors to the judge to hopefully reduce the sentence.
DO NOT CHANGE THE PLEA.
Thier legal team will then fire mitiating or aggravating factors to the judge to hopefully reduce the sentence.
DO NOT CHANGE THE PLEA.