HomeMONDAY, MONDAY… - Bill Sheaffer
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MONDAY, MONDAY… - Bill Sheaffer
by mom_in_il Sat Jan 23, 2010 4:52 pm
MONDAY, MONDAY…
Latest Posts by William J. Sheaffer on January 22, 2010
Excerpt:
Judge Strickland had made it very clear on numerous occasions: the criminal check charges pending against Casey Anthony will be resolved via a trial or a plea, on or by Monday, January 25, 2010. A trial was widely anticipated by most observers. However, based upon reliable information and observation of the conduct of both the State and Defense, all indications now point to a change of plea as opposed to a trial.
If we are correct in our conclusion, let’s then examine the mechanics of a change of plea in Florida state courts. When a Defendant decides it is in his best interest to forego a trial on his charges, withdraw his plea of not guilty, and enter a plea of either nolo contendere (no contest) or, guilty, this change is generally accomplished in one of two ways. The defense attorney has negotiated a deal with the Assistant State Attorney assigned to the case, in which event both the State and the Defense will know exactly what the terms, conditions and the sentence and will be prior to the plea hearing. Or, should the defense attorney be unable to come to an agreement with the State that is satisfactory to his client, the other option would be to plead to the charges, (either guilty or no contest) directly to the judge and let the judge decide the appropriate sentence.
Read more: http://billsheaffer.wordpress.com/2010/01/22/monday-monday/
Latest Posts by William J. Sheaffer on January 22, 2010
Excerpt:
Judge Strickland had made it very clear on numerous occasions: the criminal check charges pending against Casey Anthony will be resolved via a trial or a plea, on or by Monday, January 25, 2010. A trial was widely anticipated by most observers. However, based upon reliable information and observation of the conduct of both the State and Defense, all indications now point to a change of plea as opposed to a trial.
If we are correct in our conclusion, let’s then examine the mechanics of a change of plea in Florida state courts. When a Defendant decides it is in his best interest to forego a trial on his charges, withdraw his plea of not guilty, and enter a plea of either nolo contendere (no contest) or, guilty, this change is generally accomplished in one of two ways. The defense attorney has negotiated a deal with the Assistant State Attorney assigned to the case, in which event both the State and the Defense will know exactly what the terms, conditions and the sentence and will be prior to the plea hearing. Or, should the defense attorney be unable to come to an agreement with the State that is satisfactory to his client, the other option would be to plead to the charges, (either guilty or no contest) directly to the judge and let the judge decide the appropriate sentence.
Read more: http://billsheaffer.wordpress.com/2010/01/22/monday-monday/
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