A felony plea is an agreement between the prosecutor or the court and the defendant to plead guilty to a specific offense in exchange for certain terms of punishment. Most criminal cases in Orange County, California, are settled long before trial by way of a plea agreement. A felony plea agreement should contain the following basic elements, and should be taken by a written plea form with supplemental oral explanation on the record:
A. Statement of the Terms of the Plea
B. Waiver of Constitutional Rights
C. Advisement of the Direct Consequences of the Plea
D. The Factual Basis for the Plea
E. Statement of Findings by the Court
F. Harvey waiver/ Arbuckle waiver
G. Financial Disclosure for Restitution (P.C. § 1202.4(f)(5))
In most circumstances the court will refer the case to the probation department for a presentence probation report. Only in extraordinary circumstances will the court deviate from the presentence recommendation report from probation. That is why it is paramount to have an experienced Orange County Felony Attorney represent a person at their felony sentencing hearing.
Contact Orange County Criminal Defense Lawyer Scott D. Hughes at (714) 423-6928 or scott@scotthugheslaw.com.