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Absolutely one hundred percent not guilty

RECEIVING AND ACTING UPON THE PLEA

Standard 14- 1.1 

 

   Pleading by defendant; alternatives

   (a) A defendant may plead not guilty, guilty, or (when allowed under the law of the jurisdiction) nolo contendere (no contest). A plea of guilty or nolo contendere should be received only from the defendant personally in open court.  The court should not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary. 

 

Standard 14- 1.8. Consideration of plea in final disposition

The fact that a defendant has entered a plea of guilty or nolo contendere should not, by itself alone, be considered by the court as a mitigating factor in imposing sentence. It is proper for the court to approve or grant charge and sentence concessions to a defendant who enters a plea of guilty or nolo contendere when consistent with governing law and when there is substantial evidence to establish, for example, that:

 

   (i) the defendant is genuinely contrite and has shown a willingness to assume responsibility for his or her conduct;

 

   (ii) the concessions will make possible alternative correctional measures which are better adapted to achieving protective, deterrent, or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction.

 

Source: www.americanbar.org/