At a plea hearing, the defendant will be entering into a guilty or no contest plea to the charges against him.
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The defendant and his or her Georgia Criminal Defense Lawyer, are responsible for going over the plea petition which informs the defendant the constitutional rights he is giving up by pleading guilty or no contest. Â Once a person has plead guilty or no contest to the charge or charges against him, it is very important to understand that the intent of the plea is to be a final resolution of the case.
After completing the plea petition, the defendant and his attorney will verify that the plea agreement is what both sides agreed to, the defendant will sign formal paperwork on the charges, and the sentencing recommendation will be given to the judge.
The Defendant will then go before the judge and the judge will verify that the defendant understands his rights.  Both sides will be able to present evidence to the judge as to why the sentence should be accepted as negotiated harsher or less harsh to the judge.  Probably 85% or more of pleas are what are called “negotiated pleas” where both sides have reached an agreement on the sentencing recommendation.
Occasionally, the plea may be what is called an “open ended” plea where the judge solely decides the sentence. Â Ultimately whether the plea is negotiated or open ended, the judge always makes the final determination of the sentence. A super majority of the time, the judge will accept the sentence that was negotiated, but sometimes will modify the negotiated plea or outright change the sentence.
If you are facing a charge that could result in a license suspension in North Georgia or Hall County, you should consider consulting a lawyer that is knowledgeable in the field. This helps to provide that best possible defenses and make the more well informed decisions regarding your rights and options when considering how best to maintain your driver’s license and avoid suspension.
At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws. Please Call or Email us with any questions.
About the attorney:  Anne Bishop is a Georgia lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County  (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.