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Zen Law Guy

Tag: plea hearing

Written by Dale Chappell, the Zen Law GuyMarch 2, 2022

Attacking the Guilty Plea: Getting More Time After a Successful Guilty Plea Challenge

What happens if you win your challenge and overturn your guilty plea and then lose at trial? Can the court give you more time in prison as a penalty for successfully challenging your guilty plea? Yes, but there`s more to the story. The Supreme Court held in North Carolina v. Pearce, 395 U.S. 711 (1969), […]

Written by Dale Chappell, the Zen Law GuyFebruary 20, 2022March 2, 2022

Attacking the Guilty Plea: The Guilty Plea Hearing

It used to be that the events leading up to a guilty played out in secret. The prosecutor and the defense would get together and hammer out a deal where the defendant would agree to plead guilty in exchange for some concessions. Maybe there were some promises made, and maybe there were some threats. But […]

Written by Dale Chappell, the Zen Law GuyFebruary 19, 2022

Attacking the Guilty Plea: The Voluntarily and Knowingly Made Standard

Attacking the guilty plea is probably one of the least understood concepts in the post-conviction world, even though more than 95 percent of state and federal convictions are the direct result of a guilty plea. Why are guilty pleas so prevalent? Because they`re easy. It`s an easy win for the prosecutor, and the courts love […]

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