Pleading over refers to the act of failing to acknowledge an error in the opposing party’s legal statement. It can also involve resorting to a broad defence after a previous defence has been dismissed. Aider by pleading over occurs when a mistake in a legal statement is disregarded because the other party did not raise an objection.
The term “plead over” is a legal term with two meanings. Firstly, it refers to the act of failing to notice a mistake in an opponent’s legal document (pleading). For example, if a lawyer overlooks a defective allegation in the other party’s pleading and does not object to it, they are said to have “pleaded over.” Secondly, in a historical context, “plead over” refers to the situation where a defendant, after having a dilatory plea overruled (a plea that delays the trial), can plead the general issue. This allows them to deny the allegations made against them and proceed to trial. Both examples demonstrate how the term is used in the legal field, highlighting the consequences that can arise when a lawyer or defendant fails to object to a mistake or defect in a legal document.
Pleading over refers to the act of changing or amending a plea that has already been entered in a court case.
Yes, in most cases, you have the right to change your plea before the court makes a final decision or judgment.
There can be various reasons, such as new evidence coming to light, a change in circumstances, or a desire to negotiate a plea bargain.
Generally, you are not required to provide a specific reason for wanting to change your plea, but it may be helpful to explain your rationale to the court.
Yes, the prosecution can object to your request, especially if they believe it is being done in bad faith or to delay the proceedings.
The judge has discretion in deciding whether to allow a plea change. They will consider factors such as the stage of the proceedings and the reasons provided.
Generally, there are no specific limitations on the number of times you can change your plea, but repeated changes may be viewed unfavorably by the court.
Once a sentence has been imposed, it becomes more difficult to change your plea. However, in exceptional circumstances, it may still be possible.
Changing your plea can have implications for the outcome of your case. It may lead to different charges, sentencing options, or potential plea bargains.
It is highly recommended to consult with an experienced attorney before making any decisions regarding your plea. They can provide guidance based on your specific circumstances and help protect your rights.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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