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), […]
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 […]
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 […]
Zen Law Guy 