PLEAS

U.S. District Court for the District of South Dakota

Rule Set: Criminal Local Rules of the U.S. District Court for the District of South Dakota

Rule: 11.1

Jurisdiction: DSD

Bluebook Citation: D.S.D. L.Cr.R. 11.1

All Rules: D.S.D. Criminal Local Rules, complete index


Text

A. Plea Agreement.

If a defendant is pleading guilty pursuant to a plea agreement with the government, a written plea agreement and a factual basis statement must be filed. A plea agreement supplement must also be filed and must identify any agreements that the defendant has with the government regarding cooperation or state that the defendant has no cooperation agreements with the government. The plea agreement supplement will be sealed in all cases to protect the safety of all federal defendants regardless of their cooperation with the government, and the integrity of any ongoing investigations or related prosecutions. The defendant, defendant=s attorney and government attorney must sign the plea agreement, factual basis statement and supplement.

B. Petition to Plead.

The lawyer for the defendant may file a written petition to plead with a factual basis statement, which must be signed by both the defendant and defendant=s counsel.

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