Superior Court Plea Agreement

(2) Disclosure of a Plea agreement. The parties must disclose the appeal agreement at the time of filing, unless the court properly authorizes the parties to disclose the appeal agreement in camera. At the end of the rule, a new sentence is added to impose an obligation on the court when the defendant pleads guilty to ensuring that there is a factual basis for the means of sentencing. The court should ensure, through an investigation by the defendant or government counsel or by reviewing the claim report, or in some other way, that the defendant`s conduct constitutes a criminal offence committed in the indictment or in the information or information for which the accused pleaded guilty. Such an investigation should, for example. B protect a defendant who is able to plead voluntarily with an understanding of the nature of the charge, but does not realize that his conduct is not actually indicted. For a similar requirement, see Me. Stat. Ann. Me. Sup. Ct.

Rule 35A; In the valley, 364 Me. 471, 110 N.W.2d 673 (1961); Men v. Barrows, 358 Me. 267, 99 N.W.2d 347 (1959); Men v. Bumpus, 355 Me. 374, 94 N.W.2d 854 (1959); Men v. Coates, 337 Me. 56, 59 N.W.2d 83 (1953).

See also Stinson v. United States, 316 F.2d 554 (5. Cir. The normal consequence of finding that there is no factual basis for the remedy would be for the court to quash the plea and enter a plea for not guilty. (5) Rejection of a Plea agreement. If the Tribunal rejects an appeal agreement with rule 11 (c) (1) (A) or (C) provisions, the Tribunal must record in the minutes and consider open proceedings (or, rightly, in camera): it has been established that it is customary for a judge to attend oral arguments. See D. Newman, Conviction: The Determination of Guilt ore Innocence Trial 32-52, 78-104 (1966); Note, Guilty Plea Bargaining: Compromises By Prosecutors To Secure Guilty Pleas, 112 U.Pa.L.Rev. 865, 891, 905 (1964). The Supreme Court has ruled that certain types of constitutional objections can be raised after an admission of guilt. Menna v.

New York, 423 U.S. 61 (1975) (double threat injury); Blackledge v. Perry, 417 U.S. 21 (1974) (Due Process Violation by charge enhancement following defendant`s exercise of right to trial de novo). Subdivision 11a (2) does not apply to such situations and should not be construed as an extension or limitation of the Menna Blackledge Doctrine or as a method of application. In oral arguments, prosecutors generally agree to reduce an accused`s sentence. They often do this by reducing the number of charges of the seriousness of the charge of those charged. They may also agree to recommend that the accused receive reduced sentences. Some arguments ask the accused to do more than plead guilty. For example, prosecutors often offer favourable arguments for accused who agree to testify for the state against other defendants.

Comment is closed.

Someone of old has said: "God's language is silence, everything else is translation." (Perhaps Rumi, St. John of the Cross, who cares?)