If the judge accepts the plea agreement and the defendant's plea, Rule 12(d) requires the judge to sentence the defendant according to the terms of the plea agreement. The judge shall follow the procedures set forth in Rule 12(d) when the parties enter into a plea agreement that includes both an agreement to a specific disposition and a charge concession. (A) A plea agreement may specify both that the parties agree on a specific disposition, including the length of any term of probation, and that the prosecutor will make one or more of the following charge concessions: amend an indictment or complaint dismiss, reduce, or partially dismiss charges not seek an indictment or not bring other charges. The defendant may enter into a plea agreement with the prosecutor if the defendant intends to plead guilty or admit to sufficient facts but not if the defendant intends to plead nolo contendere. If the defendant intends to plead guilty or nolo contendere or to admit to sufficient facts and there is no agreement under Rule 12(b)(5), the judge shall follow the procedures set forth in Rule 12(c). (3) Inquiry as to the existence of a plea agreementĪfter being informed that a defendant intends to plead guilty or to admit to sufficient facts, the judge shall inquire as to the existence of a plea agreement. The judge may participate in plea discussions at the request of one or both of the parties if the discussions are recorded and made part of the record. Alternatively, if the defendant intends to tender a plea of guilty or an admission to sufficient facts, the prosecutor and the defendant may enter into a plea agreement pursuant to Rule 12(b)(5).
The defendant may tender a guilty plea, a plea of nolo contendere, or an admission to sufficient facts to warrant a finding of guilty without entering into a plea agreement with the prosecutor. (b) Plea discussions pleas without plea agreement and with plea agreement A judge may refuse to accept a plea of guilty or a plea of nolo contendere or an admission to sufficient facts. (3) Acceptance of plea of guilty, a plea of nolo contendere, or an admission to sufficient factsĪ judge may accept a plea of guilty or a plea of nolo contendere or an admission to sufficient facts only after first determining that it is made voluntarily with an understanding of the nature of the charge and the consequences of the plea or admission. In a District Court, a defendant may, after a plea of not guilty, admit to sufficient facts to warrant a finding of guilty. If a defendant refuses to plead or if the judge refuses to accept a plea of guilty or nolo contendere, a plea of not guilty shall be entered. Pleas shall be received in open court and the proceedings shall be recorded. A plea of guilty or nolo contendere shall be received only from the defendant personally except pursuant to the provisions of Rule 18(b). (1) Pleas that may be entered and by whomĪ defendant may plead not guilty, or guilty, or with the consent of the judge, nolo contendere, to any crime with which the defendant has been charged and over which the court has jurisdiction. Rule 45: Removal of the disruptive defendant.Rule 39: Records of foreign proceedings and notice of foreign law.Rule 35: Depositions to perpetuate testimony.Rule 33: Counsel for defendants indigent or indigent but able to contribute.Rule 31: Stay of execution relief pending review automatic expiration of stay.Rule 29: Revision or revocation of disposition.Rule 25: Motion required for finding of not guilty.Rule 24: Opening statements arguments instructions to jury.Rule 11: Pretrial conference and pretrial hearing.
Rule 9: Joinder of offenses or defendants.Rule 7: Initial appearance and arraignment.Rule 6: Summons to appear arrest warrant.Rule 4: Form and contents of complaint or indictment amendment.Rule 3.1: Determination of probable cause for detention.Rule 3: Complaint and indictment waiver of indictment probable cause hearing.Rule 2: Purpose construction definition of terms.
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