The Massachusetts Waiver of Right to Separate Counsel is a document that is used when two or more people are jointly charged with a crime in Massachusetts. It allows the accused to waive their right to separate counsel and to be represented by one attorney. The waiver is signed by both defendants and filed with the court. There are three types of Massachusetts Waiver of Right to Separate Counsel: the Joint Representation Waiver, the Joint Representation Waiver with Special Conditions, and the Waiver of Right to Separate Counsel in a Joint Defense Agreement. The Joint Representation Waiver allows defendants to be represented by one attorney when both have agreed to waive their right to separate counsel. The Joint Representation Waiver with Special Conditions allows defendants to be represented by one attorney but with special conditions, such as the defendants not communicating directly with each other about the case. The Waiver of Right to Separate Counsel in a Joint Defense Agreement allows defendants to be represented by one attorney, but the attorney is acting as a joint defense attorney.
Massachusetts Waiver of Right To Separate Counsel
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A Rule 11 plea agreement is a "binding" plea agreement. It is an agreement entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. A plea agreement under this rule binds the court to the terms of the agreement.
Federal Rule of Criminal Procedure 11(d) requires that the court not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.
At arraignment, except on a complaint regarding which the court will not exercise final jurisdiction, the court shall order the prosecuting attorney and defense counsel to appear before the court on a date certain for a pretrial hearing.
Substitute counsel. The term ?substitute counsel,? shall mean one attorney standing in or ?covering? for another attorney who has already filed a general appearance on behalf of a litigant.
Moran , the U.S. Supreme Court rules that a criminal defendant can waive the Sixth Amendment right to assistance of counsel and plead guilty if he has already met the same standard used to decide whether a defendant is mentally competent to stand trial: Whether he has ?sufficient present ability to consult with his
Rule 11 - Appearances and Pleadings (a)Signing. Every pleading of a party represented by an attorney shall be signed in his individual name by at least one attorney who is admitted to practice in this Commonwealth. The address of each attorney, telephone number, and e-mail address if any shall be stated.
(1973) Rule 11(a) requires that papers be signed by an attorney admitted to practice in Massachusetts; this ensures that all litigation in courts of the Commonwealth will be the nominal responsibility of a member of the Bar here, even if the litigation is in fact being conducted by out-of-state counsel admitted pro hac
To succeed on a claim of ineffective assistance of counsel, a criminal defendant must prove that his attorney failed him in a major way, as well as that this failure deprived the defendant of an otherwise available opportunity to fight his claim.