What happens after a guilty plea?
What happens after a guilty plea?
The Probation Process In cases in which imprisonment is a possibility, after being found “guilty” or entering a plea of “guilty” or “no contest”, a judge will likely order a Pre-Sentence Investigation Report (PSI Report) be completed.
Who decides if someone is guilty in court?
The jury decides whether a defendant is “guilty” or “not guilty” in criminal cases, and “liable” or “not liable” in civil cases. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts.
Can you be found guilty after being found innocent?
But an acquittal doesn’t mean the jury or judge found you innocent of the charge. It only means that the prosecution failed to prove beyond a reasonable doubt that you were guilty. A not guilty verdict isn’t the sole means of getting an acquittal.
Do you have to appear in court if accused of an offence?
An accused has the option to either appear in court or pay the admission of guilt fine. If the accused pays the admission of guilt fine, s/he does not have to appear in court. An admission of guilt fine can be paid before appearing in court at the clerk of the relevant court or the police station.
When does the court record a plea of not guilty?
COURT ADJOURNS. [8] Section 113 of Act 51 of 1977 provides that if the court at any stage in proceedings under section 112(2), and before sentence is passed is in doubt whether the accused is in law guilty of the offence to which he has pleaded guilty, the court records a plea of not guilty. It was held in S v MBOTHOMA
When does a police officer issue a written notice?
A police officer will issue a written notice if s/he is of the opinion that a court will not grant a fine that is more than R5 000.00 for the relevant criminal charge. The written notice will be issued by a police officer and given directly to the accused.
Can a fine not lead to a criminal record?
If an accused pays an admission of guilt fine, s/he would be considered to be guilty of the charge. This will lead to the accused having a criminal record. Are there instances where the payment of a fine will not lead to a criminal record?