Hendersonville, NC asked in Criminal Law for North Carolina

Q: In a criminal case what does the original guilty or not guilty plea weigh on your judgement

Related Topics:
1 Lawyer Answer
Mr. Damon Chetson
PREMIUM
Mr. Damon Chetson
Answered
  • Criminal Law Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Your question is a bit unclear. Your original plea doesn't officially affect your judgment, but would be reflected on the judgment to indicate how you pled.

But certainly the fact that you pled guilty can be taken into account by a sentencing judge in fashioning an appropriate sentence. In the federal system, for instance, a person who pleads guilty often receives explicit credit (called Acceptance of Responsibility) that can significantly reduce a sentence.

In North Carolina state courts, a judge, even in what's called an "open plea" can take into account the fact that you pled guilty and accepted responsibility in deciding how to sentence you.

In addition, a guilty plea will affect the kind of appellate rights you might have. In a guilty plea, a defendant often waives many of his or her appellate rights because he or she is not contesting certain issues in the case. That waiver may include certain pleading defects. Discuss this with your lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.