What to look for on Tuesday (Their Day in Court)

From John Curry, September 17, 2006

What can happen with a "plea" come this Tuesday?

Four former STRS board members will be formally charged this Tuesday. One of three pleas can be offered by the defendants:

1. Not Guilty

2. Guilty

3. No Contest

Under a plea of "Not Guilty," the Court will initiate a pre-trial hearing (conference) wherein the defendant's attorney (with or without the defendant present) and the prosecutor will meet to see if they can come to an agreement and/or do a little plea bargaining. Usually, several pre-trial hearings take place before a jury trial begins or an agreement is reached and the defendant "cops" a guilty plea. Many times, judges get unhappy if they see a string of pre-trial conferences with no outcome.

Under a "Guilty" plea, the judge can immediately sentence, but usually sentences at a later date -- unless this has been pre-arranged between the prosecutor and the defendant's attorney.

A "No Contest" plea means the defendant turns his/her case over to the judge to make a determination of the defendant's innocence or guilt. The judge may may make an immediate decision as to the guilt or innocence OR he may take their plea under advisement which means he will "sit on it" for a while and then make a decision.