Indiana Petition to Enter Plea of Guilty
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FAQ
The court should address the defendant personally to determine whether any other promises or any force or threats were used to obtain the plea. (a) In accepting a plea of guilty or nolo contendere, the court should make such inquiry as may be necessary to satisfy itself that there is a factual basis for the plea.
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.
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.
The main types of plea bargains are charge bargains and sentence bargains. Charge bargaining involves pleading guilty to a less serious crime than the crime originally charged. Sentence bargaining involves pleading guilty in exchange for the prosecutor recommending a lower sentence.
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.
Alford plea - A defendant's plea that allows him to assert his innocence but allows the court to sentence the defendant without conducting a trial. Essentially, the defendant is admitting that the evidence is sufficient to show 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 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.