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  • If you reached a plea agreement with the State in your felony case in the Superior Court,

  • your case will be set for what’s called a Change of Plea Hearing. You may be wondering

  • what’s going to happen at that Change of Plea Hearing.

  • Hi, I’m Shawn Hamp. I’m a Trial Attorney and Criminal Defense Lawyer practicing law

  • here in Mohave County, Arizona.

  • When a defendant enters into a plea agreement with the State, they are changing their plea

  • from not guilty to guilty. This plea agreement has to be put into writing. The Court has

  • to enter the plea agreement on the record. So, the Court has to go through the plea agreement

  • with the defendant to make sure that they understand it.

  • The Court has to determine three things. They have to determine if the defendant who is

  • entering the plea agreement knowingly, intelligently and voluntarily. So, how does the court do

  • that? The court will go over the plea agreement with the defendant and will ask them a series

  • of questions. The court will tell a defendant what theyre agreeing to plead guilty to,

  • what the normal range of sentence is and what charges,

  • if any, the State is dropping or dismissing and what sentence theyll be facing if they

  • enter the plea agreement.

  • The Court will also make sure the defendant is intelligently entering the plea agreement.

  • So, the Court will advise a defendant of what rights they are giving up by entering the

  • plea agreement. There are several rights that the defendant gives up. The defendant is giving

  • up the right to remain silent. Theyre giving up the right to be represented by an attorney

  • at trial. The defendant gives up the right to be presumed innocent until proven guilty,

  • or gives up their right to a jury trial in a felony case. So, the Judge wants to make

  • sure that the defendant understands that theyre giving up those rights.

  • The Judge will also ask the defendant if anybody has made any threats or promises to them that

  • are not in the plea agreement. So, the Judge needs to determine if the plea agreement is

  • voluntarily made.

  • So, this is all done on the record. After the Change of Plea Hearing is conducted, the

  • Judge will then set the case for a Judgement and Sentencing Hearing, approximately 30 days

  • after the Change of Plea Hearing is conducted.

  • So, if you have any questions about a criminal case, please give my office a call. Let’s

  • find out if your case is something we can help you with. Call my office at 928-753-6868

  • or visit my website at HampLaw.com.

If you reached a plea agreement with the State in your felony case in the Superior Court,

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重罪の変更公判とは? (What is a Felony Change of Plea Hearing? )

  • 15 2
    Amy.Lin に公開 2021 年 01 月 14 日
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