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A voluntary waiver of the right to be present requires true freedom of choice. A trial court may infer that a defendant's absence from trial is voluntary and constitutes a waiver if a defendant had personal knowledge of the time of the proceeding, the right to be present, and had received a warning that the proceeding would take place in their ...
(a) In accepting a plea of guilty or nolo contendere, the court should make such inquiry as may be necessary to satisfy itself that there is a factual basis for the plea. As part of its inquiry, the defendant may be asked to state on the record whether he or she agrees with, or in the case of a nolo contendere plea, does not contest, the ...
Trial penalties, they point out, impose such harsh sanctions on choosing to go to trial—with prosecutors sometimes threatening multi-decade prison sentences if a plea deal of only a few years is not accepted—that trial penalties amount to coercing defendants to plead guilty. This coercion, they argue, renders plea bargains unconstitutional.
Because a guilty plea must be made intelligently, knowingly, and voluntarily, the court must advise the defendant of the following things: The nature of the charge; The potential penalties which might result from the plea, including any mandatory minimum sentence; The defendant's rights to not plead guilty, and to request a jury trial.
In the case of Insurance Corp. of Ireland v.Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) the United States Supreme Court decided that when a court orders a party to produce proof on a certain point, and that party refuses to comply with the court's order, the court may deem that refusal to be a waiver of the right to contest that point and assume that the proof would show whatever the ...
The right to counsel "does not depend upon a request by the defendant, and the courts indulge in every reasonable presumption against waiver." [6] This is a strict standard and is applied equally to an alleged waiver whether it occurred at trial or in a pre-trial proceeding, such as interrogation. This is not to be read as stating that a ...
The final co-defendant in the Fulton County, Ga., election interference case Tuesday waived their right to an in-person arraignment. Misty Hampton’s filing means all 19 co-defendants have now ...
If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence. If the defendant pleads not guilty, a date is set for a preliminary hearing or a trial.