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Criminal Law

: Grits for Breakfast

Defendant: 'I plead guilty'; Prosecutor: 'We're going to trial'

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If a defendant pleads guilty to all charges without a plea bargain, leaving their sentence entirely to the court, why would a prosecutor ever demand a jury trial?Bill Baumbach at the Collin County Observer describes a case from his neck of the woods where prosecutors have done precisely that, refusing to accept a guilty plea to insist that the defendant be taken to trial instead. Texas 5th Court of Appeals said prosecutors are not required to accept a guilty plea. Baumbach writes:Picture this -- a man is arrested for let's say burglary and is brought before a judge who asks him if he understands the charges. "Yes, your honor and I want to plead guilty", replies the accused. But then the District Attorney jumps up with, "We object. The people demand a jury trial"...continue to full post

Full post as published by Grits for Breakfast on March 01, 2010 (boomark / email).

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