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Georgia Plea Hearing: What Happens in Court

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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.  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.  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.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneyswelcome any questions on Criminal Defense and Georgia DUI laws. Please Call or Email us with any questions. Your initial consultation is free and confidential.

About the authors: John Breakfield and David B. Purvis are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and 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.

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