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Guilty Plea: Accepting the Plea - The Nature Of Guilty Pleas, The Plea Process, The Elements Of Guilty Pleas, Statutory And Procedural Requirements

counsel prosecution crim fed

A guilty plea consists of a defendant admitting having committed one or more of the crimes charged and a court agreeing to accept that admission and to sentence the defendant. Ordinarily, a guilty plea occurs after defense counsel has bargained with the prosecution and obtained some concession—for example, a reduction of the charges, an agreement not to file other charges, or a stipulation with respect to the position the prosecution will take at sentencing. Nevertheless, defendants have a right to plead guilty without a prosecutor's agreement, provided that they plead to all the crimes charged. Defendants sometimes pursue this course in unwinnable or minor cases an which they believe a plea will encourage the presiding judge to impose a lenient sentence.

FRED C. ZACHARIAS

STATUTES

Fed. R. Crim. P. 11.

Fed. R. Crim. P. 32(e).

Guilty Plea: Plea Bargaining - Definition And Types Of Bargaining, The Development Of Plea Bargaining, A Comparative Perspective, Operation Of The Plea Bargaining System [next] [back] Guilt - Introduction, The Verdict Of Guilt, Factual Legal Guilt, Moral And Legal Guilt, The Sense Of Guilt

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almost 4 years ago

How can I get a guilty plea vacated

due to lack of "voluntary and intelligent" free will?

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about 4 years ago

In the Connecticut home invasion case, Steven Hayes plead guilty. Why was there a jury trial? I thought if you plead guilty,you went right to the penalty phase.