Pennsylvania Colloquy for Plea Guilty is an alternative dispute resolution (ADR) program in Pennsylvania that provides an alternative to litigating a criminal case in court. It is available to resolve criminal cases where the defendant pleads guilty or no contest. The program allows the defendant to meet with a judge, prosecutor, and defense attorney to negotiate the terms of the plea agreement. The program also provides the defendant with an opportunity to explain their side of the case and give the judge an understanding of the mitigating circumstances. Possible outcomes of the program include a negotiated plea agreement, reduction of charges, or dismissal of the case. The two types of Pennsylvania Colloquy for Plea Guilty are a colloquy conference and a plea conference.
Pennsylvania Colloguy for Plea Guilty
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FAQ
In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.
Can the Judge Reject a Plea Agreement? Yes, the judge has a choice of whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
In order to encourage defendants to plead guilty, they will be given reduced sentences in exchange for doing so. When defendants take plea bargains instead of going to court, it saves the court and district attorneys a lot of effort and uncertainty.
Colloquy. noun. col·?lo·?quy ?ka-l?-kw? : a discussion during a hearing between the judge and the defendant usually to ascertain the defendant's understanding of his or her rights and of the court proceedings.
(a valid guilty plea requires an accused to admit his guilt and articulate those facts that objectively establish his guilt; an accused must be convinced of, and able to describe all the facts necessary to establish guilt; if an accused is personally convinced of his guilt based upon an assessment of the government's
WRITTEN GUILTY PLEA COLLOQUY. You and your attorney have indicated that you wish to plead guilty to certain criminal charges that have been brought against you. In order for the Court to accept your plea of guilty, the Court must first determine whether you are pleading guilty knowingly and voluntarily.
(10) I hereby plead guilty to having committed the above stated crime(s), and understand by doing so I give up all my rights. The defendant's attorney states that he witnessed the above signature.
Once the judge accepts the plea, the defendant may be sentenced immediately or sentencing may be held pending a pre-sentence investigation into the defendant's background. If sentencing is delayed, the defendant is later returned to court and sentenced.