Assertion: defendant | /r/CapableOf | waive the right
Facets:
value: to a speedy trial
type: PURPOSE
value: to trial
type: TRANSITIVE-OBJECT
value: explicitly
type: MANNER
value: knowingly
type: MANNER
value: for a plea bargain
type: PURPOSE
value: to a trial by jury
type: TRANSITIVE-OBJECT
value: by actions
type: MANNER
value: on this basis
type: OTHER
value: to an indictment
type: TRANSITIVE-OBJECT
value: by pleading guilty
type: MANNER
Source sentences:
text: That provision permits the court to conduct arraignments through video teleconferencing, if the defendant waives the right to be arraigned in court.
text: The ultimate determination of when a defendant can waive his right to be present in a capital case (assuming a death penalty provision is held constitutional, see Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972)) is left for further clarification by the courts.
text: (d) Except as otherwise provided in this section, when a defendant fails to file a timely answer, the defendant waives any right to further review of the penalties and assessments imposed in the initial decision.
text: If a judge grants defendant probation before judgment, the defendant must waive their right to appeal.
text: If defendants fail to do this, they waive their rights to object to delays in bringing the case to trial.
text: By pleading guilty, the defendant waives his or her right to trial.
text: A defendant who was initially present at trial, or who had pleaded guilty or nolo contendere, waives the right to be present under the following circumstances:
text: If the defendant waives the right to be present, the trial may proceed to completion, including the verdict's return and sentencing, during the defendant's absence.
text: In addition to referring to exceptions that might exist in Rule 43 itself, the amendment recognizes that a defendant need not be present when the court has permitted video teleconferencing procedures under Rules 5 and 10 or when the defendant has waived the right to be present for the arraignment under Rule 10.
text: Because the Fifth Amendment to the United States Constitution expressly creates a constitutional right to be indicted by a grand jury, the information is used in federal criminal procedure only when a defendant voluntarily pleads guilty (often as part of a plea bargain) and waives the right to an indictment.
text: See Commonwealth v. Duquette, 386 Mass. 834, 838 (1982) (an admission to sufficient facts is the functional equivalent of a guilty plea and the record must reflect the defendant waived the right to trial knowingly and voluntarily); Commonwealth v. Lewis, 399 Mass. 761, 763 (1987).
text: The defendant is free to weigh the strength of the Commonwealth's evidence and on this basis to waive the right to trial.
text: Defendants can also waive the right to a speedy trial by actions such as not appearing on time to scheduled court dates.
text: The Supreme Court amendments provide that a defendant has waived his right to be present at the trial of a capital or noncapital case in two circumstances: (1) when he voluntarily absents himself after the trial has begun; and (2) where he “engages in conduct which is such as to justify his being excluded from the courtroom.
text: For a plea bargain to be accepted, the defendant has to knowingly waive his right to a trial by jury and the facts in the case have to support the charges to which the defendant is pleading.
text: For example, a defendant may waive his right to be present at a foreign deposition, and a defendant who attends a foreign deposition may be removed from such a deposition if he is disruptive.
text: A defendant can explicitly waive his right to a speedy trial, which he may do to take more time to prepare his defense.
text: A defendant could also implicitly waive his right to a speedy trial if a trial delay is the defendant's fault, or if he doesn't assert his right to a speedy trial before the trial begins.
text: (d) Except as otherwise provided in this section, when a defendant fails to file a timely answer, the defendant waives any right to further review of the penalties and assessments imposed in the initial decision.