Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part H - Plea Procedures
Rule 590 - Pleas and Plea Agreements
Universal Citation: 234 PA Code ยง 590
Current through Register Vol. 54, No. 38, September 21, 2024
(A) GENERALLY.
(1) Pleas shall be taken in open
court.
(2) A defendant may plead
not guilty, guilty, or, with the consent of the judge, nolo contendere. If the
defendant refuses to plead, the judge shall enter a plea of not guilty on the
defendant's behalf.
(3) The judge
may refuse to accept a plea of guilty or nolo contendere, and shall not accept
it unless the judge determines after inquiry of the defendant that the plea is
voluntarily and understandingly tendered. Such inquiry shall appear on the
record.
(B) PLEA AGREEMENTS.
(1) At any time prior to the
verdict, when counsel for both sides have arrived at a plea agreement, they
shall state on the record in open court, in the presence of the defendant, the
terms of the agreement, unless the judge orders, for good cause shown and with
the consent of the defendant, counsel for the defendant, and the attorney for
the Commonwealth, that specific conditions in the agreement be placed on the
record in camera and the record sealed.
(2) The judge shall conduct a separate
inquiry of the defendant on the record to determine whether the defendant
understands and voluntarily accepts the terms of the plea agreement on which
the guilty plea or plea of nolo contendere is based.
(3) Any local rule that is inconsistent with
the provisions of this rule is prohibited, including any local rule mandating
deadline dates for the acceptance of a plea entered pursuant to a plea
agreement.
(C) MURDER CASES.
In cases in which the imposition of a sentence of death is not authorized, when a defendant enters a plea of guilty or nolo contendere to a charge of murder generally, the degree of guilt shall be determined by a jury unless the attorney for the Commonwealth elects to have the judge, before whom the plea was entered, alone determine the degree of guilt.
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