A Nebraska Petition to Enter Guilty Plea (English Only) is a document used in the state of Nebraska for defendants to file a plea of guilty to a criminal charge. The petition is submitted to the court in which the defendant is charged and serves as the defendant's official plea to the court. The petition includes the defendant's name, the charge, the plea of guilty, and a waiver of the defendant's right to a jury trial. There are two types of Nebraska Petition to Enter Guilty Plea (English Only): a voluntary and an involuntary petition. The voluntary petition is filed when the defendant is willing to plead guilty and is not coerced into doing so. The involuntary petition is filed when the defendant is either coerced into pleading guilty or is not mentally competent to make the decision to plead guilty.
Nebraska Petition to Enter Guilty Plea (English Only)
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FAQ
Pleading not guilty means that you say you didn't do the crime, or that you had a reasonable excuse for doing so. The court will then have a trial to decide whether you did. If the court decides that you did, this means you will be convicted, and the court will decide what sentence to give you.
A statement made for the purpose of a plea bargain is confidential. For example, Donna is charged with possession of illegal drugs with intent to sell. She asks her lawyer to negotiate a plea bargain, under which she will admit that she possessed the drugs in exchange for facing the lesser charge of simple possession.
Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.
Plea bargaining usually involves the defendant's pleading guilty to a lesser charge, or to only one of several charges. It also may involve a guilty plea as charged, with the prosecution recommending leniency in sentencing. The judge, however, is not bound to follow the prosecution s recommendation.
A court requires the defendant to be competent enough to enter a plea. For example, they must not be mentally deficient, or under the influence of drugs or alcohol. The standards for establishing whether a defendant is mentally competent are much the same as establishing whether the defendant is fit for trial.
What Is a Guilty Plea Agreement? A guilty plea agreement is an agreement entered into by the State of Nebraska (or any other state) and a defendant that requires the defendant to plead guilty to one or more of the charges against him/her in exchange for the sentencing terms agreed to by the parties.
There are three different types of plea deals: guilty, not guilty, and no contest.
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.