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  2. Conditional Plea Explained A conditional plea occurs when the defendant pleads guilty or no contest but reserves the right to have an appeals court decide whether the judge reached the wrong ruling on an issue that's central to the case. If the appellate court determines that the judge was in fact wrong, the defendant can withdraw the plea.
    www.nolo.com/legal-encyclopedia/conditional-pleas.html
    www.nolo.com/legal-encyclopedia/conditional-pleas.html
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    What is a conditional plea?A conditional plea occurs when the defendant pleads guilty or no contest but reserves the right to have an appeals court decide whether the judge reached the wrong ruling on an issue that's central to the case. If the appellate court determines that the judge was in fact wrong, the defendant can withdraw the plea. Defend your rights.
    Do conditional pleas have to be in writing?As a general rule, conditional pleas must always be submitted in writing. There are some exceptions to the requirement that conditional pleas be in writing, such as record of a previous plea agreement. However, it is always advised that conditional pleas be made in writing, even if there is no standard court form for the request.
    How do I accept a conditional plea?The first step in accepting a conditional plea is getting it approved by the court. If the conditional plea is accepted, a defendant may request for a certain issue to be brought before the court of appeals. In some cases, the prosecution or the judge may reject a conditional plea.
    Does a conditional plea have a finality?While it is true that the conditional plea does not have the complete finality of the traditional plea of guilty or nolo contendere because “the essence of the agreement is that the legal guilt of the defendant exists only if the prosecution's case” survives on appeal, the plea
    What are the advantages of a conditional plea?The overall advantage of conditional pleas is that they have the potential to end a case early. An example of this would be how after reviewing the legal issue in question, the defendant may be found not guilty based on the court’s determination.
    Do you need a conditional plea if you're not guilty?State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. Some states do not allow for conditional pleas or allow for them only in certain situations. The defendant thus may need to plead not guilty if they want to preserve the issue for appeal.
     
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