Utah 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.
Rule 11 was designed to highlight the importance of constitutional rights by requiring the judge in district court to discuss these rights with the defendant before accepting his plea. In other words, Rule 11 was created to help the defendant understand the basic consequences of the decision to plead guilty.
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.
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).
To get a plea in abeyance agreement, you have to negotiate with the prosecutor and convince him or her to offer it. A judge cannot order a plea held in abeyance without consent from the prosecutor. This offer is not offered freely by 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 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.