Plea Bargains

Should there be Raleigh DWI Plea Deals?

This article describes a fairly familiar attitude toward plea deals among regular people. Most people view plea deals as concessions to the defendant – basically gifts to the defendant that are undeserved. But as people who are in the Raleigh criminal system understand, a plea deal is a compromise in which both parties give up…

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NC DWI Laws and Defense Lawyers

I’ve written elsewhere about the effect NC DWI laws – which in my view are poorly structured – have on different groups – prosecutors, judges – and on the court system in general. My view is that the lack of a plea alternative in NC DWI laws binds the hands of prosecutors, puts judges in…

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NC Legislators Misunderstand Pleas

In previous posts, I wrote about how pleas are essential to a proper functioning NC criminal justice system. I also wrote about how NC’s DWI has created inefficiencies by stripping courtroom participants – judges, prosecutors and defense attorneys – of the ability to plea. In this post, let me explain why I think the North…

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NC DWI Laws Prevent Pleas

In a previous post, I explained how pleas are the most important means by which the adversarial criminal justice system we have can process as many criminal cases as Raleigh sees each year. When lawmakers – I’m looking at you, North Carolina General Assembly – create laws that interfere with ability to plead guilty out…

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Why Are Pleas So Rare in North Carolina DWI Cases?

If you want to understand why DWIs either almost always end with a guilty plea or a Not Guilty or Guilty result after a trial, you need to read N.C.G.S § 20-138.4, which requires that the prosecutor who reduces or dismisses a DWI charge must provide a detailed explanation in court, and must make a…

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When Legal Advice is Really Bad…

Roughly 95 percent of all criminal cases in the United States are resolved by plea in which the defendant agrees to plead guilty, usually in exchange for some benefit – a reduction in charges, a reduced sentence, etc. – given by the state. [The reason so many cases are resolved by plea in the U.S.…

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What is a Plea Transcript

A plea transcript is a three or four page document used when the State and the defendant have agreed upon a plea. The transcript includes a list of approximately 30 questions which the Defendant must answer to the satisfaction of the judge. These questions include questions about the mental acuity of the defendant, his ability…

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