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13 Cards in this Set

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  • Back

If charged with an A1 or A2 Felony indictment what can a defendant plead guilty to?

B felony

If charged with a B felony for drugs what can a defendant plead guilty to?

D Felony

If charged with any B felony other than drugs or a B violent felony what Can the defendant plead guilty to?


For the most part what can a defendant plead guilty to based on what level of felony he or she is being charged with?

Generally speaking it is 1 below the type of felony they are being charged with .

(for example if being charged with a b or c violent felony the defendant can plead guilty to a d violent felony.)

When Can the defendant not enter a guilty plea?

The defendant may not enter a guilty plea to murder in the first degree.

The exception is with permission of the Court consent of the people and an agreed-upon sentence other than death, this allows the defendant not to choose suicide as an option.

What is a plea of guilty not embracing the entire indictment considered?

A plea of guilty to part of the indictment.

The entry and acceptance of a plea of guilty to pot of the indictment constitutes what?

It constitutes a disposition to the entire indictment.

What does a plea of not guilty constitute?

A denial of every allegation of the indictment.

How must a plea to an indictment be entered by the defendant?

It must be entered by the defendant in person orally.

That is except if the plea is to an indictment that does not charge a felony, then with the permission of the chord it may be entered by counsel with written authorization from the defendant.

How must a plea to an indictment against a corporation be entered?

It must be entered by counsel

What happens if a defendant whom is required to enter a plea remains mute or refuses to enter such plea?

The court must enter a plea of not guilty on his behalf

Any sentence agreed upon by prosecutor and the defendant as a condition of plea must be put on the record how?

Orally or in writing stating the sentence agreed upon as a condition of such plea.

Any defendant who has entered a plea of not guilty to an indictment may, as a matter of right, withdraw such plea at which point prior to rendition of verdict and enter a plea of guilty to the entire indictment?

At any time prior to rendition of verdict.