Assertion: defendant's right | /r/CapableOf | withdraw the plea
Facets:
value: in district court
type: LOCATION
value: prior to sentencing
type: TEMPORAL
Source sentences:
text: Rule 12(c)(4)(A) requires a District Court judge to inform a defendant of the statutory right to withdraw the plea if the judge imposes a sentence that exceeds the defendant’s request, see G.L. c. 278, § 18, and a Superior Court judge to inform a defendant of the right to withdraw the plea if the disposition imposed exceeds the prosecutor’s recommendation.
text: In a case where the defendant has the right to counsel and is neither represented nor validly waived counsel, General Laws c. 278, § 29B grants the defendant an absolute right to withdraw a plea prior to sentencing.
text: Unlike Rule 12(c)(6), Rule 12(d)(6) does not provide for the defendant’s right to withdraw his or her plea in District Court.
text: Rule 12(c)(4)(A) requires a District Court judge to inform a defendant of the statutory right to withdraw the plea if the judge imposes a sentence that exceeds the defendant’s request, see G.L. c. 278, § 18, and a Superior Court judge to inform a defendant of the right to withdraw the plea if the disposition imposed exceeds the prosecutor’s recommendation.
text: To the extent that the plea agreement contains agreed-upon recommended conditions of probation, they are not binding on the judge; rather, they are to be considered as joint recommendations for the judge to consider, and neither party has the right to withdraw the plea or from the agreement if the judge declines to follow such recommendations.
text: If the judge intends to vary from the recommended or tendered disposition in a manner which is detrimental or prejudicial to the interests of the defendant, the defendant has an absolute right to withdraw the plea or admission.