Assertion: defendant | /r/CapableOf | plead guilty
Facets:
value: to a crime
type: OTHER
value: often
type: TEMPORAL
value: to a highway traffic act offence
type: TRANSITIVE-OBJECT
value: at the last minute
type: TEMPORAL
value: as long as they are
type: OTHER
value: voluntarily
type: MANNER
value: on the eve of trial
type: TEMPORAL
value: while claiming innocence
type: MANNER
value: in return for a predetermined sentence
type: PURPOSE
value: without expense
type: MANNER
value: to some
type: TRANSITIVE-OBJECT
value: personally
type: MANNER
Source sentences:
text: See E. Cypher, Procedure if Defendant pleads Guilty or Nolo Contendere but does not admit Participation in Crime, 30A Mass. Prac., Criminal Practice & Procedure, § 24:78 n. 4 (2014)
text: The defendant can plead not guilty, guilty or no contest.
text: The defendant can plead not guilty, guilty or no contest.
text: Defense attorneys usually recommend that criminal defendants plead not guilty at arraignment, and defendants often do plead not guilty.
text: Defense attorneys usually recommend that criminal defendants plead not guilty at arraignment, and defendants often do plead not guilty.
text: If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment.
text: If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment.
text: When a defendant enters this plea at arraignment, the court proceeds in the same way it would proceed if the defendant pleaded guilty.
text: A plea bargain allows the defendant to plead guilty to all or some of the charges in return for a predetermined sentence that is usually significantly less than the defendant would face at a trial.
text: The defendant pleads not guilty,” said Alistair’s attorney.
text: For example, in a felony drug possession case involving California’s three strikes law, a defendant who pleaded guilty was sentenced to seven years in prison in a hearing that lasted six minutes.
text: Adverse rulings thus cannot be appealed, even by a defendant who might otherwise plead guilty, without the time and expense of a trial.
text: Under criminal practice prior to the adoption of rule 12, former G.L. c. 227, § 47A (St 1978, c. 478, § 298) provided that the defendant could plead not guilty, guilty, or nolo contendere.
text: Under criminal practice prior to the adoption of rule 12, former G.L. c. 227, § 47A (St 1978, c. 478, § 298) provided that the defendant could plead not guilty, guilty, or nolo contendere.
text: The defendant must also personally plead not guilty except where his or her appearance is excused pursuant to Mass. R. Crim.
text: (judge's statement at side bar that if defendant proceeded with trial and was found guilty, he would impose sentence of 18-20 years, but that if defendant pleaded guilty, sentence would be six years to six years and one day was coercive, making defendant's guilty plea involuntary).
text: The Supreme Judicial Court has recommended its use in cases where the defendant is willing to plead guilty but does not acknowledge all of the elements of the factual basis.
text: See Commonwealth v. Earl, 393 Mass. 738, 742 (1985) ("when a judge concludes that he is satisfied that there is a factual basis for a charge to which a defendant is willing to plead guilty, but the defendant does not acknowledge all the elements of the factual basis, it would be better practice for the plea judge to advise the defendant that his guilty plea waives his right to be presumed innocent until proved guilty beyond a reasonable doubt.").
text: Subdivision (c)(3)(c) was added in 2004, and is based on the requirement in G.L. c. 278, § 29D, that a defendant who pleads guilty or nolo contendere must be advised that if he or she is not a United States citizen, a conviction may have the consequences of deportation, exclusion of admission, or denial of naturalization.
text: Finally, the plea record must demonstrate that the defendant pleaded guilty voluntarily and not in response to threats or undue pressure.
text: If a defendant pleads not guilty, the case will move forward to trial.
text: Plea of guilty means defendant can plead guilty to a less serious charge than the one originally filed.
text: Boykin form: Alford pleas is when a defendant pleads guilty while claiming innocence.
text: For example, a defendant who pleads guilty on the eve of trial may technically receive credit for accepting responsibility for his actions, but a sentencing judge might give that consideration less weight than if the defendant had acknowledged from the outset that his actions were criminal.
text: If the defendant is convicted or pleads guilty to a particularly violent crime or has an extensive criminal history, the prosecutor is less likely to agree to and the judge is less likely to impose a suspended sentence.
text: He can have his trial in front of a judge or he can plead guilty.
text: Defendants are competent to waive counsel and plead guilty as long as they are capable of understanding the proceedings (Godinez v. Moran, U.S. Sup.
text: In some courts, defendants who are pleading guilty are asked to fill in or sign a form waiving their rights.
text: Sentence bargaining is a method of plea bargaining in which the prosecutor agrees to recommend a lighter sentence for specific charges if the defendant pleads guilty or no contest to them.
text: If the defendant pleads not guilty, the court will set the case for trial.
text: If the defendant pleads guilty or is found guilty, the next step is to order a presentence investigation.
text: If the defendant pleads guilty, either a date will be set for sentencing or the magistrate or judge will impose probation, fines or other sentences immediately.
text: Assuming the defendant has pled not guilty, the judge or magistrate sets the amount of bail .
text: For example, a defendant may plead guilty to the crime, or the Government may dismiss the case (not try the case) for a variety of reasons.
text: However, if the defendant is found guilty or pleads guilty to a crime in which you are a victim, you may have an opportunity to let the court know how the crime effected your life.
text: For example, the defendant may plead guilty at the last minute.
text: When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if: (i) the court finds that the best interests of the defendant and the public welfare would be served; and (ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.
text: A not guilty agreed statement of facts is tantamount to a guilty plea, the defendant is pleading not guilty but accepting the facts as true that will read into the record by the State’s Attorney.
text: Did the defendant plead guilty to a Highway Traffic Act offence and if so what charge, where and when?
text: Rather than pose the current plea inquiry, courts could ask the defendant whether he will plead "guilty" or take his trial or, in the alternative, courts could merely assume that the defendant will take his trial, in the absence of a defendant motion to the contrary.
text: If a defendant pleads not guilty, a trial takes place unless a Plea Agreement can be reached between the Assistant U.S. Attorney and the defense attorney.
text: Note, if the defendant pled guilty, generally only the sentence may be appealed.