Montana Petition to Enter Plea of Guilty
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How to fill out Petition To Enter Plea Of Guilty?
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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.
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.
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.
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.
You may be able to enter into a favorable plea agreement with the prosecutor if you agree to plead guilty. They may drop the charges to a less serious offense or agree to reduce your sentence. This can be extremely beneficial, especially if you face a jail or prison sentence.
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.