What is the process for pleading guilty in a federal criminal case?
Although the terms of a plea agreement will vary from case to case, federal plea agreements will generally contain at least the following provisions:
A list of the charges that the defendant will plead guilty to, and, if applicable, the charges that will be dismissed by the prosecution;
A statement about the factual basis for the plea, which typically incorporates a separate “Statement of Facts” signed by the defendant. The “Statement of Facts” constitutes a written admission by the defendant about key facts that prove his or her guilt;
One or more paragraphs setting forth the defendant’s Sentencing Guidelines calculations, including the applicability of specific enhancements or departure provisions;
A statement that the Court is not bound by the parties’ guidelines calculations, and can sentence the defendant above, below, or within the guidelines;
A list of trial rights that the defendant will waive by pleading guilty (including, for example, the right to confront witnesses, have an attorney, etc.); and
An appeal waiver provision that provides that the defendant will lose the right to appeal his or her sentence except under specific circumstances.
Although the terms of a plea agreement will vary from case to case, federal plea agreements will generally contain at least the following provisions:
A list of the charges that the defendant will plead guilty to, and, if applicable, the charges that will be dismissed by the prosecution;
A statement about the factual basis for the plea, which typically incorporates a separate “Statement of Facts” signed by the defendant. The “Statement of Facts” constitutes a written admission by the defendant about key facts that prove his or her guilt;
One or more paragraphs setting forth the defendant’s Sentencing Guidelines calculations, including the applicability of specific enhancements or departure provisions;
A statement that the Court is not bound by the parties’ guidelines calculations, and can sentence the defendant above, below, or within the guidelines;
A list of trial rights that the defendant will waive by pleading guilty (including, for example, the right to confront witnesses, have an attorney, etc.); and
An appeal waiver provision that provides that the defendant will lose the right to appeal his or her sentence except under specific circumstances.