How does a federal plea agreement work?
A federal plea agreement is a contract between a defendant and the prosecution whereby the defendant admits guilt or no contest in exchange for a lesser sentence. In Washington, plea agreements are governed by Rule 11 of the Federal Rules of Criminal Procedure. Under the rule, the defendant and the state’s attorney must make an agreement before the accused is formally charged with a crime. The agreement must include a waiver of the defendant’s right to a trial and a formal statement of facts that support the plea. Once an agreement has been reached, the defendant must sign a plea agreement in court to officially enter a plea of guilty or nolo contendere (no contest). During the hearing, the judge must determine that the plea was made willingly, intelligently, and voluntarily before it can be accepted. At this point, the judge may decide to accept or reject the agreement and either accept the plea or order a trial. In addition, a plea agreement may also require the defendant to cooperate with state prosecutors as part of the agreement. This could involve providing information or testimony that may help convict other individuals of federal crimes. In exchange, the defendant may receive additional consideration on the sentence. Once the plea agreement is accepted, the sentencing phase begins. The judge may impose a sentence that is consistent with the terms of the plea agreement or may issue a harsher sentence. The defendant may then appeal the sentence if they are not satisfied with the outcome.
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