The single most important factor is the victim. If there is a victim who was seriously injured, then the prosecutor is not likely to be lenient.What is the crime?Violent crimes (murder, rape, aggravated battery, strong arm robbery, etc.) are extremely serious. With those crimes, the defendant has demonstrated that he is willing to seriously hurt another person.If a defendant harmed another person, then the chances of getting any kind of leniency goes way, way down.Next are crimes against property…theft, vandalism, non-residential burglary, etc. The defendant is engaging conduct where it is unlikely that the defendant will harm another.Victimless crimes (possession of a controlled substance) are the criminal activity least dangerous to others.What is the defendant’s record?Most prosecutors know that good people can make a mistake. Most are willing to give a defendant with no criminal record a break.But, at some point, “enough is enough”. A person who has several conviction of even victimless crimes will be prosecuted more vigorously than a person with no criminal record.What is the plan, if any, for the defendant’s rehabilitation?If the defendant has a plan for becoming a better person, then a prosecutor is there to help.Honestly, good prosecutors don’t enjoy putting people in jail. It is costly to the government and the people, and it is unproductive.If a defendant has a real, workable plan to “change the road he is on”, then most prosecutors will be lenient. Counseling, joining the military, moving away, etc., could be part of a plan.Long term impact to defendant.If the conviction of the most serious crime could cause lasting problems to the defendant, then a prosecutor might be more lenient.How good is the case?If the case is weak, then prosecutor might drop the most serious crime. If the case is strong, then the prosecutor likely will not drop the most serious crime.
The single most important factor is the victim. If there is a victim who was seriously injured, then the prosecutor is not likely to be lenient.What is the crime?Violent crimes (murder, rape, aggravated battery, strong arm robbery, etc.) are extremely serious. With those crimes, the defendant has demonstrated that he is willing to seriously hurt another person.If a defendant harmed another person, then the chances of getting any kind of leniency goes way, way down.Next are crimes against property…theft, vandalism, non-residential burglary, etc. The defendant is engaging conduct where it is unlikely that the defendant will harm another.Victimless crimes (possession of a controlled substance) are the criminal activity least dangerous to others.What is the defendant’s record?Most prosecutors know that good people can make a mistake. Most are willing to give a defendant with no criminal record a break.But, at some point, “enough is enough”. A person who has several conviction of even victimless crimes will be prosecuted more vigorously than a person with no criminal record.What is the plan, if any, for the defendant’s rehabilitation?If the defendant has a plan for becoming a better person, then a prosecutor is there to help.Honestly, good prosecutors don’t enjoy putting people in jail. It is costly to the government and the people, and it is unproductive.If a defendant has a real, workable plan to “change the road he is on”, then most prosecutors will be lenient. Counseling, joining the military, moving away, etc., could be part of a plan.Long term impact to defendant.If the conviction of the most serious crime could cause lasting problems to the defendant, then a prosecutor might be more lenient.How good is the case?If the case is weak, then prosecutor might drop the most serious crime. If the case is strong, then the prosecutor likely will not drop the most serious crime.
Generally speaking, no — pleading “no contest” is treated by most judges the same as “guilty” when it comes to traffic violations — that is, you will be assessed the full amount of the fine as written on the ticket, plus any costs associated with the proceedings.In other criminal matters, where the judge may have more leeway in sentencing, pleading “no contest”, nolo contendre, or entering an Alford plea can all potentially lead to a greater sentence than a straight guilty plea might, as it indicates that you are not admitting to the crime or taking responsibility for your actions.
In English law, as I understand it (IANAL), you have the right both under common law and statute to use reasonable force to defend yourself or prevent someone else from attack, or to defend your property. Thus it would depend on the facts of the case, the nature of the “verbal attack”. If it could reasonably be interpreted as a plausible threat of physical violence or theft, and if your own assault was no more than would be considered reasonable to prevent that violence or theft, you might be able to make a case for self-defence. Clearly, this would also depend on your having witnesses to what was said or other evidence of danger posed by the other party.Furthermore there are two relevant “factors indicating lower culpability” in the sentencing guidelines for GBH, ABH and common assault: “A greater degree of provocation than normally expected” and “excessive self-defence”, either of which could lower the sentencing category if you plead or are found guilty.As far as your actual plea is concerned, you need to speak to your lawyer rather than a bunch of randoms on the Internet to determine (a) whether you have a plausible defence and (b) the benefits (in terms of sentence reduction) of a guilty plea.
In English law, as I understand it (IANAL), you have the right both under common law and statute to use reasonable force to defend yourself or prevent someone else from attack, or to defend your property. Thus it would depend on the facts of the case, the nature of the “verbal attack”. If it could reasonably be interpreted as a plausible threat of physical violence or theft, and if your own assault was no more than would be considered reasonable to prevent that violence or theft, you might be able to make a case for self-defence. Clearly, this would also depend on your having witnesses to what was said or other evidence of danger posed by the other party.Furthermore there are two relevant “factors indicating lower culpability” in the sentencing guidelines for GBH, ABH and common assault: “A greater degree of provocation than normally expected” and “excessive self-defence”, either of which could lower the sentencing category if you plead or are found guilty.As far as your actual plea is concerned, you need to speak to your lawyer rather than a bunch of randoms on the Internet to determine (a) whether you have a plausible defence and (b) the benefits (in terms of sentence reduction) of a guilty plea.
In a criminal procedure before court, once the charges are framed by the police officer in charge of preliminary investigation, the magistrate will ask the accused whether he pleads guilty. That simply means whether he is admitting the charges framed against him. If he pleads guilty, that is accepting the charges, the trial procedure will come to an end with the pnouncement of judgement by the judge. Whereas, if he pleads not guilty, there will be an order to proceed with the investigation and gathering of evidence that ends up in the submitting of charge sheet by the investigating officer in the court. Then begins the trial proceedings.
I’m assuming that you have asked the court to appoint counsel but that request has been denied because the judge has made a determination that you can afford to retain counsel. But you haven’t given us any information as to why the judge would reach that conclusion. Do you have a job? What are your monthly expenses in relation to earnings? Do you have savings? Investments? Do you own property? Own a business? Own a home? Do you have assets you can borrow against?A judge is required to look at more than just whether you have a savings account with a balance big enough to hire private counsel. The question is whether or not you are indigent - without means. There is no clear line, but the judge will look at your entire financial picture as well as the anticipated cost of your defense as determined by the complexity and severity of your case. Again, are you unemployed, without assets, and completely without the means to hire counsel, or is it that you have a big expensive vacation planned and that’s maxed out your credit cards and depleted your cash right now? You haven’t told us.Think of it this way, if you had no health insurance and needed an expensive operation to preserve your quality of life, you’d find a way to pay the surgeon. If you are facing serious criminal charges that could send you to prison, you’re in much the same position.If you really believe that the judge was in error, here’s what you should consider doing. Put together a complete financial statement. Detail your income, expenses, debts, and assets. Be completely honest and forthright. Include your last couple tax returns. Call a number of local attorneys and document how much they quote you to handle your case as well as any payment terms they offer. Assuming that all of this still supports your claim of indigence, go back to the judge and submit all your financial information and fee research and ask for reconsideration.
I’m assuming that you have asked the court to appoint counsel but that request has been denied because the judge has made a determination that you can afford to retain counsel. But you haven’t given us any information as to why the judge would reach that conclusion. Do you have a job? What are your monthly expenses in relation to earnings? Do you have savings? Investments? Do you own property? Own a business? Own a home? Do you have assets you can borrow against?A judge is required to look at more than just whether you have a savings account with a balance big enough to hire private counsel. The question is whether or not you are indigent - without means. There is no clear line, but the judge will look at your entire financial picture as well as the anticipated cost of your defense as determined by the complexity and severity of your case. Again, are you unemployed, without assets, and completely without the means to hire counsel, or is it that you have a big expensive vacation planned and that’s maxed out your credit cards and depleted your cash right now? You haven’t told us.Think of it this way, if you had no health insurance and needed an expensive operation to preserve your quality of life, you’d find a way to pay the surgeon. If you are facing serious criminal charges that could send you to prison, you’re in much the same position.If you really believe that the judge was in error, here’s what you should consider doing. Put together a complete financial statement. Detail your income, expenses, debts, and assets. Be completely honest and forthright. Include your last couple tax returns. Call a number of local attorneys and document how much they quote you to handle your case as well as any payment terms they offer. Assuming that all of this still supports your claim of indigence, go back to the judge and submit all your financial information and fee research and ask for reconsideration.