Arizona Consent by Defendant to Enter Plea Agreement

State:
Multi-State
Control #:
US-01264BG
Format:
Word; 
Rich Text
Instant download

Description

In order that the issues may be framed for trial, the defendant must plead to the pleading of the prosecutor which has accused the defendant of certain crimes. If the defendant refuses to plead, a plea of not guilty will be entered for him. Since the practice in criminal prosecutions is not uniform throughout the United States, local statutes and court rules should be considered in connection with use of this form.

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FAQ

In most states, a defendant can arrange a plea bargain with a prosecutor at any time during the course of a criminal case. It can be arranged before the prosecutor files charges, or it can be arranged after the jury has started deliberating on its verdict in a case.

The two sides usually compromise on a lesser charge or reduced penalty in exchange for a guilty plea or no contest plea. Before the agreement can be finalized, however, a judge needs to review and approve it.

The Arraignment is the formal accusation of the defendant where a plea of guilty or not guilty is entered. The defendant does not need to be present if a written arraignment is filed on their behalf by their Attorney.

It must be expressly clear that the defendant understands the ramifications of the plea. They must understand that they are waiving their 5th and 6th constitutional rights (the right to not incriminate themselves, the right to a trial and the right to confront their accusers).

The Arraignment The defendant may then respond to the charges by entering a plea. Common pleas include guilty, not guilty, or no contest (also known as ?nolo contendere?). Not Guilty means the defendant says he or she did not commit the crime.

Rule 17.4 of the Arizona Rules of Criminal Procedure provides that the parties in a criminal action may negotiate and reach an agreement on any aspect of their case.

The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.

When to Make a Plea Deal. In most states, a defendant can arrange a plea bargain with a prosecutor at any time during the course of a criminal case. It can be arranged before the prosecutor files charges, or it can be arranged after the jury has started deliberating on its verdict in a case.

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Arizona Consent by Defendant to Enter Plea Agreement