Editing Changing Your Plea from Not Guilty to Guilty
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The Supreme Court of the United States has continuously held that every time a defendant pleas guilty or no contest, the plea is required to be knowingly & voluntarily. Defendants typically enter a plea of not guilty at the beginning of the court proceedings. Many will change their plea to guilty or in the alternative no contest in order to accept a reduction in sentence or charge offered by the State. Many defendants will simply change their plea to guilty or nolo contendre without an offer or rejecting an offer extended by the state and thus leaving the determination of the sentence to the court alone. This is called "pleading open." When a criminal defendant enters a plea or changes a plea to guilty or nolo contendre, the judge is required to question the defendant under oath prior to accepting the plea or imposing a sentence to ensure that an defendant's plea is knowingly, intelligently and voluntarily. The judge will ask the defendant multiple questions in order to ensure that the defendant knows his rights, the rights that he is giving up by changing his plea and the consequences for the change of plea. If an individual is not properly advised by the judge of the consequences, the defendant can, at a later time file a motion to vacate the plea pursuant to FL R Crim P 3.850 by claiming that his plea was involuntary. In Ramos v. State of Florida, the court of appeal reversed & remanded the lower court's sentence against the defendant in a DUI case. The appellate court ruled that it was reversible error to impose sentence on the defendant, who did not speak fluent English, without the use of a court interpreter. For additional information on [http://pencilpan37.livejournal.com/1335.html Criminal Defense Attorney ] or [http://pencilpan37.livejournal.com/1335.html DUI Attorney Fort Lauderdale] or you can contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700 Fort Lauderdale, FL 33301 (954)990-0525
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