District of Columbia Agreement to Enter a Plea of Nolo Contendere

Q: Who is responsible for the charging decision the bail decision and offering plea agreements?

The prosecutor&#039;s broad discretion in such areas as initiating or foregoing prosecutions, selecting or recommending specific charges, and terminating prosecutions by accepting guilty pleas has been recognized on numerous occasions by the courts.

Category:

Criminal - Plea Agreements

State:

Multi-State

Control #:

US-01274BG

Format:

Instant download

Description

In order that the issues may be framed for trial, the defendant must plead to the pleading of the prosecutor which has accused the defendant of certain crimes. If the defendant refuses to plead, a plea of not guilty will be entered for him. Nolo contendere is a Latin term meaning "I will not contest" the charges, which is a plea made by a defendant to a criminal charge, allowing the judge to then find him/her guilty. It has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Since the practice in criminal prosecutions is not uniform throughout the United States, local statutes and court rules should be considered in connection with use of this form.

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How to fill out Agreement To Enter A Plea Of Nolo Contendere?

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FAQ

A plea of nolo contendere is essentially equivalent to a not guilty plea. A defendant has a right to plead nolo contendere in all states. A defendant has a constitutional right to have his or her guilty plea accepted by the court. The grand jury vote must be unanimous in order to return a true indictment.

IN BARGAINING AND MAKING CONCESSIONS FOR PLEAS, THE PROSECUTOR BECOMES TO SOME DEGREE AN ADMINISTRATOR, AN ADVOCATE, A JUDGE, AND A LEGISLATOR. AS AN ADMINISTRATOR, HIS GOAL IS TO DISPOSE OF EACH CASE IN THE FASTEST, MOST EFFICIENT MANNER IN THE INTEREST OF GETTING HIS AND THE COURT'S WORK DONE.

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.

Still, an agreement between lawyers is not the end of a criminal case. Every plea bargain agreement in California must be presented to and approved by a judge before it is considered final.

Who decides what plea will be entered? The Defendant alone is the one who decides which plea to enter, regardless of what his counsel recommends.

Under Federal Rule of Criminal Procedure 11, a plea of nolo contendere shall be accepted by the court only with its consent and only after it gives due consideration to the views of the parties and the interest of the public in the effective administration of justice.

The prosecutor's broad discretion in such areas as initiating or foregoing prosecutions, selecting or recommending specific charges, and terminating prosecutions by accepting guilty pleas has been recognized on numerous occasions by the courts.

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.

District of Columbia Agreement to Enter a Plea of Nolo Contendere

Description

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How to fill out Agreement To Enter A Plea Of Nolo Contendere?

Form popularity

FAQ

Does a defendant have a right to plead nolo contendere in all states?

Who controls the plea bargaining process?

What is the purpose of the nolo contendere?

Who negotiates a plea deal and who approves it?

Who decides if a plea agreement will be entered into quizlet?

What is the federal rule for nolo contendere?

Who is responsible for the charging decision the bail decision and offering plea agreements?

Who decides if a plea agreement will be entered into?

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District of Columbia Agreement to Enter a Plea of Nolo Contendere

Description

Related forms

Viewed forms

How to fill out Agreement To Enter A Plea Of Nolo Contendere?

Form popularity

FAQ

Does a defendant have a right to plead nolo contendere in all states?

Who controls the plea bargaining process?

What is the purpose of the nolo contendere?

Who negotiates a plea deal and who approves it?

Who decides if a plea agreement will be entered into quizlet?

What is the federal rule for nolo contendere?

Who is responsible for the charging decision the bail decision and offering plea agreements?

Who decides if a plea agreement will be entered into?

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