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. 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.
Hawaii Consent by Defendant to Enter Plea Agreement
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How to fill out Consent By Defendant To Enter Plea Agreement?
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FAQ
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.
Any plea agreement shall be disclosed by the parties to the court at the time the defendant tenders the defendant's plea. Failure by the prosecutor to comply with such agreement shall be grounds for withdrawal of the plea.
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.
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.
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.
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.
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.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
