What is the sentencing process in criminal defense law?
In Indiana, criminal defense law outlines the procedure that must be followed when someone is accused of a crime. The first step in the sentencing process is a plea bargain. This is where the defendant pleads guilty in exchange for a reduced sentence or other agreement with the prosecuting attorney. Next, if the defendant pleads not guilty or the plea bargain is rejected, the case will go to trial. During this stage, the court will determine if the defendant is guilty or innocent, based on the evidence presented and the testimony of witnesses. The third step is sentencing. During this step, a judge determines the length of a possible prison sentence, fines, and fees. They consider the severity of the crime and the criminal background of the defendant. Sentencing can range from probation to life in prison. If the defendant is found guilty and sentenced, the judge can also require restitution to be paid to the victims of the crime. This can include paying back for property losses or medical costs. Finally, the defendant can also appeal the ruling of the court. This is done if they believe the evidence presented was inadequate, or that there was an incorrect application of law. An appellate court is then responsible for deciding whether to uphold the ruling or order a retrial.
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