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Old 03-29-2009, 03:15 PM
Paul G
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Default What are basic items a judge must clear before accepting a plea bargain?




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Old 03-29-2009, 03:19 PM
laughter_every_day
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I don't know what you are trying to ask. If you want to know the requirements for accepting a guilty plea, bargained or otherwise, ask that.

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Old 03-29-2009, 07:13 PM
alexjoss
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1. Is the defendant the same person charged
2. Does he understand the charges
3. Does he know he has the right to a jury trial, cross examination of the witnesses, right to remain silent, right to an attorney
4. Does defendant know he can make the government prove the case beyond a reasonable doubt
5. Has the defendant had enough time to review the charges and help his attorney prepare a defense
6. Is the defendant a US citizen or understand that a plea could have immigration consequences
7. Is the defendant satisfied with his attorney
8. Does the defendant understand what is going on--is he competent
9. Is there a plea bargain?
10. Does the defendant and attorneys agree to it?
11. Does defendant understand that the judge does not have to follow the plea bargain and if the judge rejects it the defendant can withdraw his plea?
12. Has the defendant been forced, coerced or paid to enter his plea?
13. Is the plea entered into voluntarily?
14. Has the defendant been promised anything other than what is in the plea agreement?
15. Is the defendant pleading guilty because he is guilty and for no other reason?
16. Is there a factual basis to support the plea
17. Does the defendant understand the range of punishment?

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