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13 Cards in this Set
- Front
- Back
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If charged with an A1 or A2 Felony indictment what can a defendant plead guilty to? |
B felony |
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If charged with a B felony for drugs what can a defendant plead guilty to? |
D Felony |
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If charged with any B felony other than drugs or a B violent felony what Can the defendant plead guilty to? |
Felony |
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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.) |
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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. |
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What is a plea of guilty not embracing the entire indictment considered? |
A plea of guilty to part of the indictment. |
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The entry and acceptance of a plea of guilty to pot of the indictment constitutes what? |
It constitutes a disposition to the entire indictment. |
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What does a plea of not guilty constitute? |
A denial of every allegation of the indictment. |
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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. |
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How must a plea to an indictment against a corporation be entered? |
It must be entered by counsel |
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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 |
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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. |
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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. |
