California Consent by Defendant to Enter Plea Agreement

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

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?).

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).

At a felony arraignment, the defendant enters a plea to the charge (guilty, not guilty, stand mute). He/she is advised of his/her right to a preliminary examination within 10 court days of the arraignment.

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?).

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.

The Arraignment is the formal accusation of the defendant where a plea of guilty or not guilty is entered.

Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors.

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California Consent by Defendant to Enter Plea Agreement