South Carolina Petition to Enter Plea of Guilty
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FAQ
If a defendant pleads guilty, there is no trial, but the next step is to prepare for a sentencing hearing.
In a criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the penalty.
(a valid guilty plea requires an accused to admit his guilt and articulate those facts that objectively establish his guilt; an accused must be convinced of, and able to describe all the facts necessary to establish guilt; if an accused is personally convinced of his guilt based upon an assessment of the government's ...
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.
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.
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 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.
Usually, a plea bargain will include a plea down to a lesser charge (sometimes much lesser) in exchange for a guilty plea. Plea bargains can also include an agreement regarding the sentence of the case, but this is always subject to approval by the judge.
