North Dakota Petition to Enter Plea of Guilty
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FAQ
When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a more lengthy sentence. A defendant may only plead guilty if they actually committed the crime and admits to doing so in open court before the judge.
I enter this plea freely, voluntarily and knowing that the judge could sentence me to the maximum punishment for the crime(s) I have pled guilty. I did the things and acts alleged in the charge(s) to which I pled guilty. Dated this _____________ day of __________________, 2000.
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).
A plea of guilty means that the act with which you are charged is prohibited by law, that you committed the act, and that you have no defense or excuse for the act. Before you enter a plea of guilty, consider the following: 1. The State has the burden of proving that you violated the law.
In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).
In a non-felony case, if the defendant pleads guilty without appearing in court, a written form must be used advising the defendant of his or her constitutional rights and creating a record showing that the plea was made voluntarily, knowingly, and understandingly.
