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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.
A change of plea hearing is a hearing held by the court wherein the defendant changes his or her plea. Typically, a defendant will plead ?not guilty? at the beginning of a criminal case at the arraignment.
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.
Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.
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).
RULE 11. (a) Alternatives. (1) In General. A defendant may plead not guilty, guilty or nolo contendere. If a defendant refuses to plead or a defendant corporation fails to appear, the court shall enter a plea of not guilty.