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PC 859A PLEA (a) If the public offense charged is a felony not punishable
with death, the magistrate shall immediately upon the appearance of
counsel for the defendant read the complaint to the defendant and ask
him or her whether he or she pleads guilty or not guilty to the
offense charged therein and to a previous conviction or convictions
of crime if charged. While the charge remains pending before the
magistrate and when the defendant's counsel is present, the defendant
may plead guilty to the offense charged, or, with the consent of the
magistrate and the district attorney or other counsel for the
people, plead nolo contendere to the offense charged or plead guilty
or nolo contendere to any other offense the commission of which is
necessarily included in that with which he or she is charged, or to
an attempt to commit the offense charged and to the previous
conviction or convictions of crime if charged upon a plea of guilty
or nolo contendere. The magistrate may then fix a reasonable bail as
provided by this code, and upon failure to deposit the bail or
surety, shall immediately commit the defendant to the sheriff. Upon
accepting the plea of guilty or nolo contendere the magistrate shall
certify the case, including a copy of all proceedings therein and any
testimony that in his or her discretion he or she may require to be
taken, to the court in which judgment is to be pronounced at the time
specified under subdivision (b), and thereupon the proceedings shall
be had as if the defendant had pleaded guilty in that court. This
subdivision shall not be construed to authorize the receiving of a
plea of guilty or nolo contendere from any defendant not represented
by counsel. If the defendant subsequently files a written motion to
withdraw the plea under Section 1018, the motion shall be heard and
determined by the court before which the plea was entered.
(b) Notwithstanding Section 1191 or 1203, the magistrate shall,
upon the receipt of a plea of guilty or nolo contendere and upon the
performance of the other duties of the magistrate under this section,
immediately appoint a time for pronouncing judgment in the superior
court and refer the case to the probation officer if eligible for
probation, as prescribed in Section 1191.
Wiki User
∙ 13y ago
PC 859A refers to a California Penal Code provision that allows the defendant to make a plea in absentia through their attorney. This means the defendant does not need to be physically present in court to enter a plea.
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An agreement between the prosecution and the accused to agree to a lesser charge is known as?
Plea bargain.
Is plea bargain fair on the victim?
Plea bargaining can be beneficial for both the victim and the perpetrator in some cases by avoiding the trauma of a trial and securing a quicker resolution. However, some victims may feel that plea bargains do not adequately punish the offender or provide them with the closure they seek. Ultimately, the fairness of a plea bargain to the victim depends on the individual circumstances of the case.
How do you have pending charges dropped after signing plea?
To have pending charges dropped after signing a plea agreement, you typically need to withdraw your plea or have your attorney file a motion to withdraw the plea. You would need to provide a valid reason for withdrawing your plea, such as new evidence or a procedural error. It's important to consult with your attorney to understand the specific steps and requirements in your jurisdiction.
Can you withdraw a no contest plead before sentencing?
Typically, once a plea of no contest has been entered, it cannot be withdrawn before sentencing. However, you may consult with your lawyer to explore any possible legal options or circumstances that may allow for reconsideration of the plea.
Can a no contest plea be over turned in Delaware?
In Delaware, a no contest plea can typically only be overturned if it was made involuntarily, due to a lack of understanding, coercion, or other similar issues. To attempt to have a no contest plea overturned, one would typically need to present strong evidence of these circumstances to the court.
What is pc 859a sentencing?
Penal Code 859a sentencing is when a judge can accept a plea from the defendant in court. The judge will usually sentence the defendant to probation.
What does plea mean?
what is plea
What does it mean when someone enters their plea?
"Entering a plea" means the offiical declaration of your plea in the case in which you were charged (i.e.- 'enter' a plea of guilty - 'enter' a plea of not guilty).
What does open plea mean?
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
What does french word plaid mean in English?
It is a plea.
What does grand mean in ballet?
that would depend on the excercise if it is a grand plea then it is when you do a plea that basicaly goes down to knee level
What does a sealed plea bargain mean?
please help mean understand this meaning?
What does grossbitte mean?
Grosse Bitte - big appeal/plea
What does the word plea pack mean in a court of law?
Nolo
Can you settle traffic tickets?
If by "settle" you mean "plea bargain" them, the answer is no.
What does plea of no cnt 1 MEAN?
It sounds like it may POSSIBLY mean: No Contest, Count 1. Which would mean that the defendant pleaded "no contest" to the charge against them.A no contest plea is, in effect, a plea of guilty and signifies that the defendant acknowledges that the prosecution has enough evidence against them in order to convict, therefore the defendant will not 'contest' the charge.
A sentence with the word plea?
I plea for mercy but to no avail
