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Topic: Plea agreement

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	Plea bargain - Wikipedia, the free encyclopedia
		A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant.
		Plea bargaining is a significant part of the criminal justice system in the United States—the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial.
		Thus in a plea bargain, the defendant is left to choose between the certainty of accepting sentencing for a much less serious charge, or the uncertainty of a jury trial in which the defendant might be found not guilty, but which also carries the risk of being found guilty of the original, more serious charges.
	en.wikipedia.org /wiki/Plea_bargain (1013 words)

	Plea agreement -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-21)
		A plea agreement or plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant.
		Thus in a plea agreement, the defendant is left to choose between the certainty of accepting sentencing for a much less serious charge, or the uncertainty of a jury trial in which the defendant might be found not guilty, but which also carries the risk of being found guilty of the original, more serious charges.
		It is of benefit to both the prosecutor and the defendant to arrange a plea agreement — this avoids the chance that the defendant could be found not guilty (which is unfavorable to the prosecutor) or be found guilty of serious charges (which is unfavorable to the defendant).
	www.absoluteastronomy.com /encyclopedia/p/pl/plea_agreement.htm (968 words)

	[No title]
		The State asserts that defendant's plea should be considered a "negotiated" plea because, in exchange for defendant's guilty plea, the State agreed to dismiss the other charges against defendant and to allow for certain sentencing considerations, ÃÃi.e.ÄÄ, a sentence within the statutory sentencing range allowed for the offense with which defendant was charged.
		The majority concluded that, because the plea agreement in ÃÃWyattÄÄ did not involve an agreement as to sentence, the sentence imposed was left to the court's discretion and, therefore, thedefendant was not required to withdraw his guilty plea before challenging his sentence.
		Among the three different "negotiated" plea scenarios described by Justice Freeman is the "negotiated as to charge" plea, wherein a defendant pleads guilty solely in exchange for the State's dismissal of remaining or outstanding charges or in exchange for the State's reduction of the original charge to a lesser offense.
	www.state.il.us /court/Opinions/AppellateCourt/1999/2ndDistrict/June/WP/2980690.doc (2272 words)

	Milan Babic Plea - Annex A
		This constitutes the Plea Agreement ("Agreement"), pursuant to Rule 62bis of the Rules of Procedure and Evidence ("the Rules"), between the Accused, Milan Babic, through his Counsel Peter Michael Mueller and Robert Fogelnest, and the Office of the Prosecutor (OTP).
		The purpose of this Agreement is to set forth in its entirety the understanding of the parties as to the nature of the Agreement and the possible consequences of Mr.
		Babic’s plea of guilty, and to assist the parties and the Trial Chamber in ensuring that the plea is valid, voluntary, and informed according to the Rules set forth by this Tribunal.
	www.un.org /icty/babic/trialc/plea_annexA.htm (1638 words)

	[No title] (Site not responding. Last check: 2007-10-21)
		Indeed, as we indicated, she w as present at the plea hearing when defense counsel filed the Plea Advisement form, indicating that it stated the terms of the plea agreement reached with the State, and provided a copy to the prosecutor\emdash who made no objection or other comment to the court concerning the document.
		We went on to say that, having obtained the plea on the basis of the agreement, the prosecutor was required to fulfill her part of the barga in: \'93[I]f the prosecutor could not support the agreement, she should not have committed the state to it.\'94 }{\b\i Id}{.
		And to be relieved from the terms of a plea agreement after the plea is entered, the prosecutor must obtain a j udicial determination that the defendant has materially and substantially breached the conditions of the agreement and that it was sufficiently material to release the State from its obligations under the agreement.
	www.courts.state.wi.us /ca/opinions/95/95-1631.DOC (2038 words)

	[PLEA BARGAINING PAGE, SUBCATEGORY OF POLICIES & PROCEDURES]
		Plea bargaining is the process where a prosecutor negotiates with the defense and reaches an agreement as to what will happen to the defendant in return for a plea of guilty.
		If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered.
		guilty plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.
	www.showme.net /CapeCounty/pa/INETPLEABARGAINING.htm (2020 words)

	Plea Agreement (Site not responding. Last check: 2007-10-21)
		Under a plea agreement, you agree to plead guilty or no contest to certain charges and the prosecutor agrees to ask the court to dismiss others.
		In plea negotiations, a prosecutor will consider the effect of the criminal offense on the victim, your criminal history, and the seriousness of the crime.
		Remember: plea agreements and diversion are done solely at the discretion of the prosecutor.
	www.opkansas.org /_Gov/Municipal_Court/Court_Process/plea_agreement.cfm (395 words)

	Form Plea Agreement
		This agreement does not affect [as applicable] [the amount of a fine], [the amount of restitution] or [the length and conditions of a term of supervised release/probation] that may be imposed by the Court at sentencing.
		Whether or not the defendant has violated any of the conditions of this agreement shall be determined by the Court in an appropriate proceeding at which any disclosures and documents provided by the defendant shall be admissible and at which the government shall be required to establish any violation by a preponderance of the evidence.
		Prior to or immediately after the entry of a plea of guilty, the defendant shall be required to make full and complete disclosure of all assets the defendant owns, whether in the defendant's name or the names of others, which the defendant possesses and/or over which the defendant exercises control.
	www.frontiernet.net /%7Efpdnywro/cja/plea.htm (4959 words)

	No. 03-3454
		The plea agreement provided that the entry of judgment for the sexual assault charge would be deferred and, if Peterson successfully completed probation on the theft conviction, it would be amended to a misdemeanor sex offense.
		Peterson argues that the plea procedure was defective because at the time he entered his plea, it was undetermined whether he would be convicted of a misdemeanor or a felony.
		Finally, Peterson argues that his plea was invalid because, at the time he entered it, the agreement contemplated that judgment would be entered for either a felony or a misdemeanor charge.
	www.wisbar.org /res/capp/2004/03-3454.htm (1109 words)

	234 Pa. Code Rule 590. Pleas and Plea Agreement.
		In cases in which the imposition of a sentence of death is not authorized, when a defendant enters a plea of guilty or nolo contendere to a charge of murder generally, the judge before whom the plea was entered shall alone determine the degree of guilt.
		The purpose of paragraph (A)(2) is to codify the requirement that the judge, on the record, ascertain from the defendant that the guilty plea or plea of nolo contendere is voluntarily and understandingly tendered.
		When a guilty plea, or plea of nolo contendere, includes a plea agreement, the 1995 amendment to paragraph (B)(2) requires that the judge conduct a separate inquiry on the record to determine that the defendant understands and accepts the terms of the plea agreement.
	www.pacode.com /secure/data/234/chapter5/s590.html (1179 words)

	Tenn. 7th Dist. A.G.- The Plea Agreement Process
		The plea agreement process is where the prosecutor, the defense, and the judiciary agree to bypass trial and exchange a guilty plea for the same or in some cases a lesser sentence.
		The plea agreement process is a vital one to our judicial system; 95% of the cases in the nation are adjudicated by plea negotiations.
		When such a plea is tendered and the accused is questioned, the trial judge should reject or accept the plea of guilty on the terms of the plea agreement, but notwithstanding a negotiated plea, the trial judge should reach an independent decision on whether to grant charge or sentence concessions.
	www.attorneygeneral.org /plea.html (1108 words)

	World Plus - Bonham Federal Plea Agreement
		However, some of the terms of the plea bargain have bearing on the BRA claims and any remaining question of whether or not there was a Ponzi scheme.
		A. Upon the defendant's pleas of guilty and sentencing to counts 51 and 61 of the Indictment as set forth above, the government agrees to dismiss the remaining counts of the Indictment.
		The parties expressly agree that this plea agreement is entered into and is to be controlled by Fed. R.
	www.iciclesoftware.com /worldplus/Criminal/WPUSPleaAgrt.html (2135 words)

	Oklahoma City Bombing Case Michael Fortier Plea Agreement
		PLEA AGREEMENT Pursuant to Rule 11(e), Federal Rules of Criminal Procedure, the United States, through its undersigned attorneys, and the defendant, Michael J. Fortier, and his attorney, Michael McGuire, hereby submit the attached letter agreement as the plea agreement of Michael J. Fortier and the United States in this case.
		It is understood that this Plea Agreement is the only agreement between the United States and defendant Michael J. Fortier, concerning his plea of guilty in the above-styled action, and that there are no other deals, bargains, agreements, or understandings which modify or alter this agreement.
		No other agreements, promises, understandings or representations have been made by the parties or their counsel than those contained in writing herein, nor will any such agreements, promises, understandings or representations be made unless committed to writing and signed by Mr.
	www.lectlaw.com /files/cas37.htm (1350 words)

	98-3094 -- U.S. v. Houston -- 12/08/1998
		All parties hereto likewise understand that, since this is a plea agreement "of the type specified in subdivision 11(e)(1)(A) and (C)," if the Court rejects this sentence, the Defendant shall have the opportunity to withdraw his plea.
		In this case, the plea agreement is silent as to any term of supervised release which the parties might have contemplated as a part of the agreed sentence.
		We reject the government's argument that Defendant breached the plea agreement by appealing the district court's denial of his § 2255 petition.
	www.kscourts.org /ca10/cases/1998/12/98-3094.htm (1485 words)

	Amended Plea Agreement - Momir Nikolic
		The purpose of this Agreement is to clarify the understanding of the parties as to the nature and consequences of Mr.
		Nikolic’s guilty plea and to assist the parties and the Trial Chamber in ensuring that the plea is valid, according to the Rules set forth by this Tribunal.
		This Agreement is contingent upon Momir Nikolic’s voluntary decision to accept responsibility for his actions and to co-operate with and to provide truthful and complete information to the Office of the Prosecutor whenever requested.
	www.un.org /icty/mnikolic/trialc/plea030507e.htm (1688 words)

	Las Vegas SUN: Plea agreement reached in case involving a minor
		As part of the plea agreement reached with prosecutors Harold Shaw will be sentenced to five to 20 years in prison and face lifetime supervision if he is ever released.
		Shaw was originally charged with three counts of sexual assault of a minor under 14, one count of lewdness with a minor under 14 and two counts of use of a minor in producing pornography.
		Over time those charges were either changed or dismissed and prior to entering the plea agreement on Wednesday he was facing one count each of sexual assault with a minor under 14 years of age, attempted sexual assault with a minor under 14 years of age and use of a minor in producing pornography.
	www.lasvegassun.com /sunbin/stories/lv-crime/2005/aug/04/519156621.html (628 words)

	Plea Agreement of David Smith
		Moreover, this agreement to stipulate on the part of the United States is based on the information and evidence that this Office possesses as of the date of this plea agreement.
		Finally, this agreement was reached without regard to any civil matters that may be pending or commenced in the future against defendant, including, but not limited to, proceedings by the Internal Revenue Service relating to potential civil tax liability.
		As of the date of this agreement, the defendant has timely notified authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the court to allocate its resources efficiently.
	www.usdoj.gov /criminal/cybercrime/meliplea.htm (1143 words)

	97-7129 -- U.S. v. Hurst -- 01/14/1999
		To guarantee that a guilty plea is knowing, intelligent, and voluntary, a district court must determine that the defendant understands, inter alia, the nature of the charges, the consequences of his plea, and his right to proceed to trial.
		For such an agreement to be enforceable, the person who allegedly made the promise to the defendant must have been authorized to do so, and the defendant must have relied to his detriment on the promise.
		In the context of plea negotiations, the Supreme Court has declared that a lower court is in a better position than an appellate court to decide whether a breach has occurred and what the appropriate remedy should be.
	www.kscourts.org /ca10/cases/1999/01/97-7129.htm (2756 words)

	how to get a plea bargain
		A plea bargain is an agreement in a criminal case where a prosecutor and a defendant arrange to end...
		Sometimes a simple plea bargain is not what it appears to be, as criminal defense...
		A plea bargain is an agreement in a criminal case where a prosecutor and adefendant arrange to end the case against the defendant.
	auctions-andmore.com /articles/66/how-to-get-a-plea-bargain.html (278 words)

	[No title] (Site not responding. Last check: 2007-10-21)
		If your pleas of guilty are accepted, and if you are sentenced on each charge, then such sentences may be concurrent or consecutive.
		Whereupon the plea of guilty of the Defendant to the crime of ______ in the manner and form as charged in the Indictment/Information is accepted and ordered entered of record.
		Judgment of conviction is entered on the plea of guilty to the offense of _____ as charged, and the Clerk is directed to enter the same of record.
	www.prairienet.org /icr/forms/gltyplea.txt (1351 words)

	Webster Hubble Plea Agreement (Site not responding. Last check: 2007-10-21)
		This Plea Agreement between the Independent Counsel, KENNETH W. STARR, and the defendant WEBSTER LEE HUBBELL, and his attorney, John W. Nields, Jr., is made pursuant to Rule 11(e)(B) of the Federal Rules of Criminal Procedure.
		This Plea Agreement is entirely voluntary and represents the entire agreement between the Independent Counsel and the Defendant regarding Defendant's criminal liability in case No. LR-CR94-241.
		The validity of this Agreement will not be affected by such corrections or amendments, and the Defendant shall not have a right to withdraw his plea on the basis of such corrections or amendments.
	www.parascope.com /articles/1296/cl7.htm (2529 words)

	Artsandentertainment: Prosecutors reach plea agreement in Letterman kidnap plot case
		Prosecutors reached a plea agreement with the man accused of plotting to abduct David Letterman's young son, allowing him to plead guilty Monday to lesser charges and dropping a kidnapping-related charge.
		The agreement calls for a 10-year sentence on the theft charge and lesser terms on the other pleas.
		The wildlife possession charge was filed only Friday as part of the plea agreement; it accused Frank of having a large mule deer buck that had been poached in January or February.
	www.sptimes.com /2005/07/12/Artsandentertainment/Prosecutors_reach_ple.shtml (411 words)

	Barbara Bullock plea agreement, statement of offenses, October 7, 2003
		Bullock agrees that if she fails to comply with any of the provisions of this plea agreement, makes false or misleading statements before the Court, commits any further crimes, or attempts to withdraw the plea, the United States will have the right to characterize such conduct as a breach of this plea agreement.
		Federal criminal defendants are sentenced under the Federal Sentencing Guidelines, and under the plea agreement, Bullock stipulated that the applicable Guidelines would require her to serve between 9 and 10 years in prison.
		Today's plea agreement should allow that lawsuit to proceed on a speedier path, permit the union to continue on the road to recovery., and help ensure that Washington's teachers can continue to focus on the education of children in their classroom, rather than on proceedings against criminals in the courtroom.
	www.dcpswatch.com /wtu/031007.htm (5487 words)

	[No title]
		HOUSTON (AP) -- The wife of former Enron Corp. finance chief Andrew Fastow withdrew a plea agreement Wednesday after a judge rejected a deal that would have sent her to prison for five months and confined her at home with the couple's children for five months more.
		Lea Fastow's action may throw into question a plea arrangement with her husband, who was to have faced 10 years in prison on two counts of conspiracy and had agreed to cooperate with prosecutors pursuing cases against higher-ups.
		Prosecutors have said that his plea agreement would not be affected by any change in Lea Fastow's case.
	www.firstcoastnews.com /news/news-article.aspx?storyid=16982 (773 words)

	Federal judge approves plea deal for Lea Fastow - Jan. 8, 2004
		Lea Fastow's plea agreement is a coordinated effort with her husband, Andrew Fastow, Enron's former chief financial officer, that could allow one of them to remain at home with their two children while the other is serving prison time, DeGeurin.
		The plea deals with the Fastows are also linked to possible charges against former Chief Accounting Officer Richard Causey, sources close to the case said.
		If he reaches a plea agreement, he could implicate his bosses, former Enron CEOs Jeffrey Skilling and Kenneth Lay, who are still under investigation but have not been charged.
	money.cnn.com /2004/01/08/news/companies/fastow (601 words)

	JUDICIAL WATCH TO ATTEMPT TO BLOCK RIADY PLEA AGREEMENT
		Riady’s business associates and contacts, and that under the terms of the proposed plea agreement and the U.S. Attorney’s press release of March 13, 2001, the American public is likely to never find out the details surrounding what the U.S. Attorney claims is a “complete understanding” of Defendant Riady’s criminal conduct.
		In addition to rejecting the proposed plea agreement because the proposed punishment does not “fit the crime” and is not supported by the facts, as required by the Federal Rules of Criminal Procedure, the Court also must reject the proposed plea agreement because it is contrary to the public interest.
		Accepting the proposed plea agreement, with its recommendation of punishments that upon examination and consideration, amount to nothing more than a minor nuisance to multi-billion dollar Defendants, flies in the face of facts which suggest that far more serious offenses were committed by Mr.
	www.judicialwatch.org /cases/riady31601.htm (4191 words)

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