What happens if you plead guilty in a magistrates court?
Simply put, a guilty plea means that you accept that you committed the offence you are being tried for. Pleading guilty in court allows sentencing to take place without the need for hearing from witnesses. Magistrates’ Courts can sentence up to 6 months for one offence, or 12 months for multiple.
Do magistrates decide if someone is guilty?
The magistrates or District Judge will listen to both sides. They will decide if you are guilty or not. This is called the verdict.
How do you plead guilty?
For a “knowing and intelligent” guilty plea to be made, defendants have to:
- admit the conduct made punishable by the law.
- admit and understand the charges against them.
- know the consequences of the plea (both the sentence as it stands and the possible sentences that could be given were the defendant to have a trial), and.
Do I need a solicitor if pleading guilty?
A solicitor is required to explain that if you plead guilty at the earliest opportunity, any punishment will be reduced by up to a third. If you plead guilty at a late stage of the case, for example on the day of a trial, the reduction can be reduced to 10%. This is known as credit for a guilty plea.
What is the maximum sentence in a magistrates court?
In the Magistrates’ Court, the maximum sentence that can be imposed on an adult defendant for a single either-way offence is 6 months’ imprisonment and/or a fine. A defendant facing 2 or more either-way offences can be sentenced to a maximum of 12 months’ imprisonment and/or a fine. You can read more here about fines.
Can I write a letter to a judge regarding my case?
You can’t write to the judge. You can hire your own attorney to make your case to the court.
Is It Better To plead not guilty or guilty?
If the evidence supporting the charge is weak, then there will be greater justification for you to plead not guilty and defend the charge. Conversely if the evidence against you is strong then it is important to recognise the likelihood of being convicted and therefore the benefits of pleading guilty to the charge.
Is pleading guilty the same as being convicted?
If you are found guilty of, or plead guilty to, any level of crime, you are generally considered to have a conviction. You may have been convicted of a crime even if you did not spend any time in jail.
How to address a magistrate in a letter?
Refer to the magistrate as Honorable (Name), Magistrate Judge. Always use the judicial honorific “Honorable” when addressing a magistrate directly in a letter, and end with their title, “Magistrate Judge.”. For example, a magistrate named Jane Smith should be addressed in writing as, “Honorable Jane Smith, Magistrate Judge.”.
Where do you write a letter to a court?
Your address and the court’s address. When you write a letter to a court, your name and address should be at the top of the page, on the right hand side. Underneath that, on the left hand side, you should write the date and the name of the court and its address. Use a PO Box address if the court has one.
How do I write a letter to a sitting judge?
Most communications with a sitting judge about a case happen through legal documents you file with the clerk of the court, with copies given to the other side.
Can a magistrate read a character reference in court?
The magistrate or judge will read the character reference before deciding what penalty to give. References can have a big impact on the sentence that you receive and can be important when applying for a Spent Conviction Order. Your browser does not support the video tag.