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Colorado Rule of Criminal Procedure ? Rule 11 sets forth the procedural and substantive requirements to be followed by the judge to ensure that the plea is ?knowingly, intelligently, and voluntarily? made, and that there is a ?factual basis for the plea. ?
A defendant may choose not to have a trial and enter a plea of guilty, which admits his guilt of the crimes charged. A defendant may also plead no contest, which has exactly the same effect and consequences of a guilty plea, execpt that the defendant does not admit guilt.
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 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 ...
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 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?).