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Colorado Plea Agreement - Misdemeanor - Fed.R.Crim.P. 11(c)(1)(B)

State:
Colorado
Control #:
CO-SKU-0178
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Word
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Plea Agreement - Misdemeanor - Fed.R.Crim.P. 11(c)(1)(B)

A Colorado Plea Agreement Misdemeanorno— - Fed.R.Crim.P. 11(c)(1)(B) is a type of plea agreement used in the state of Colorado when a defendant is charged with a misdemeanor under Federal Rule of Criminal Procedure 11(c)(1)(B). This type of plea agreement allows the court to accept a plea of guilty or no contest from the defendant in order to resolve the criminal charge without going to trial. The plea agreement must be approved by the court and the prosecutor must agree to the terms of the agreement. There are two types of Colorado Plea Agreement Misdemeanorno— - Fed.R.Crim.P. 11(c)(1)(B): (1) Plea Agreement (Guilty or No Contest) and (2) Deferred Sentence or Deferred Prosecution. In a Plea Agreement (Guilty or No Contest), the defendant pleads guilty or no contest to the charge and the court then accepts the plea and imposes a sentence. In a Deferred Sentence or Deferred Prosecution, the defendant is given a period of probation and the charge is dismissed or reduced after successful completion of the probationary period.

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FAQ

(B) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(B), the court must advise the defendant that the defendant has no right to withdraw the plea if the court does not follow the recommendation or request.

Federal Rule of Criminal Procedure 11(c)(1)(C) allows the government and a defendant by their plea agreement to bind a sentencing court, upon acceptance of the guilty plea, to sentence the defendant as the parties agreed.

Rule 11(c)(1)(C) allows the defendant and Federal Government to ?agree that a specific sentence or sentencing range is the appropriate disposition of the case, or that a particular provision of the Sentencing Guidelines, or policy statement, or sentencing factor does or does not apply.? The purpose of a plea under Rule

The law surrounding section 11(c)(1)(C) grants the Court and the government, US Attorney's Office, to separately or jointly accept a plea of guilty on criminal charges, while reducing the potential penalty imposed.

The U.S. Justice Department has developed four types of plea agreements that can be negotiated: charge agreements, recommendation agreements, specific sentence agreements, and fact-stipulation agreements.

An 11(c)(1)c plea is an agreement between a defendant and the prosecutor that allows the defendant to plead guilty to either fewer or less serious charges than they are originally accused of.

Federal Rule of Criminal Procedure 11(c)(1)(C) allows the government and a defendant by their plea agreement to bind a sentencing court, upon acceptance of the guilty plea, to sentence the defendant as the parties agreed.

More info

(a) Entering a Plea. A defendant may plead not guilty, guilty, or (with the court's consent) nolo contendere.(2) Conditional Plea. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty. Fed. (2) Conditional Pleas. Acceptance of guilty plea. A defendant may plead guilty or not guilty. Rule 11 explicitly requires a court, before accepting a plea of guilty, to inform the defendant of a number of specified matters. Rule 11. Pleas. Defendant that his guilty plea made him subject to automatic deportation); Fed.

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Colorado Plea Agreement - Misdemeanor - Fed.R.Crim.P. 11(c)(1)(B)