Federal Rules of Criminal Procedure
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL > Rule 11.
Rule 11. Pleas
A defendant may plead not guilty, guilty, or (with the court's consent) nolo contendere.
With the consent of the court and the government, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion. A defendant who prevails on appeal may then withdraw the plea.
Before accepting a plea of nolo contendere, the court must consider the parties' views and the public interest in the effective administration of justice.
If a defendant refuses to enter a plea or if a defendant organization fails to appear, the court must enter a plea of not guilty.
(b) Considering and Accepting a Guilty or Nolo Contendere Plea.
(1) Advising and Questioning the Defendant.
Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following:
(A) the government's right, in a prosecution for perjury or false statement, to use against the defendant any statement that the defendant gives under oath;
(B) the right to plead not guilty, or having already so pleaded, to persist in that plea;
(C) the right to a jury trial;
(D) the right to be represented by counsel -- and if necessary have the court appoint counsel -- at trial and at every other stage of the proceeding;
(E) the right at trial to confront and cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify and present evidence, and to compel the attendance of witnesses;
(F) the defendant's waiver of these trial rights if the court accepts a plea of guilty or nolo contendere;
(G) the nature of each charge to which the defendant is pleading;
(H) any maximum possible penalty, including imprisonment, fine, and term of supervised release;
(I) any mandatory minimum penalty;
(J) any applicable forfeiture;
(K) the court's authority to order restitution;
(L) the court's obligation to impose a special assessment;
(M) in determining a sentence, the court's obligation to applycalculate the applicable sentencing-guideline range and to consider that range, possible departures under the Sentencing Guidelines, and other sentencing factors under 18 U.S.C. § 3553(a); and
(N) the terms of any plea-agreement provision waiving the right to appeal or to collaterally attack the sentence.
(2) Ensuring That a Plea Is Voluntary.
Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement).
(3) Determining the Factual Basis for a Plea.
Before entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.
An attorney for the government and the defendant's attorney, or the defendant when proceeding pro se, may discuss and reach a plea agreement. The court must not participate in these discussions. If the defendant pleads guilty or nolo contendere to either a charged offense or a lesser or related offense, the plea agreement may specify that an attorney for the government will:
(A) not bring, or will move to dismiss, other charges;
(B) recommend, or agree not to oppose the defendant's request, that a particular sentence or sentencing range is appropriate or that a particular provision of the Sentencing Guidelines, or policy statement, or sentencing factor does or does not apply (such a recommendation or request does not bind the court); or
(C) agree that a specific sentence or sentencing range is the appropriate disposition of the case, or that a particular provision of the Sentencing Guidelines, or policy statement, or sentencing factor does or does not apply (such a recommendation or request binds the court once the court accepts the plea agreement).
(2) Disclosing a Plea Agreement.
The parties must disclose the plea agreement in open court when the plea is offered, unless the court for good cause allows the parties to disclose the plea agreement in camera.
(3) Judicial Consideration of a Plea Agreement.
(A) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(A) or (C), the court may accept the agreement, reject it, or defer a decision until the court has reviewed the presentence report.
(B) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(B), the court must advise the defendant that the defendant has no right to withdraw the plea if the court does not follow the recommendation or request.
(4) Accepting a Plea Agreement.
If the court accepts the plea agreement, it must inform the defendant that to the extent the plea agreement is of the type specified in Rule 11(c)(1)(A) or (C), the agreed disposition will be included in the judgment.
(5) Rejecting a Plea Agreement.
If the court rejects a plea agreement containing provisions of the type specified in Rule 11(c)(1)(A) or (C), the court must do the following on the record and in open court (or, for good cause, in camera):
(A) inform the parties that the court rejects the plea agreement;
(B) advise the defendant personally that the court is not required to follow the plea agreement and give the defendant an opportunity to withdraw the plea; and
(C) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.
(d) Withdrawing a Guilty or Nolo Contendere Plea.
A defendant may withdraw a plea of guilty or nolo contendere:
(1) before the court accepts the plea, for any reason or no reason; or
(2) after the court accepts the plea, but before it imposes sentence if:
(A) the court rejects a plea agreement under Rule 11(c)(5); or
(B) the defendant can show a fair and just reason for requesting the withdrawal.
(e) Finality of a Guilty or Nolo Contendere Plea.
After the court imposes sentence, the defendant may not withdraw a plea of guilty or nolo contendere, and the plea may be set aside only on direct appeal or collateral attack.
(f) Admissibility or Inadmissibility of a Plea, Plea Discussions, and Related Statements.
The admissibility or inadmissibility of a plea, a plea discussion, and any related statement is governed by Federal Rule of Evidence 410.
(g) Recording the Proceedings.
The proceedings during which the defendant enters a plea must be recorded by a court reporter or by a suitable recording device. If there is a guilty plea or a nolo contendere plea, the record must include the inquiries and advice to the defendant required under Rule 11(b) and (c).
A variance from the requirements of this rule is harmless error if it does not affect substantial rights.
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, eff. Aug. 1 and Dec. 1, 1975; Apr. 30, 1979, eff. Aug. 1, 1979, and Dec. 1, 1980; Apr. 28, 1982, eff. Aug. 1, 1982; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987; Nov. 18, 1988; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 29, 2002, eff. Dec. 1, 2002.)
It is not easy for me to get a job as I have a criminal record for having resisted being mugged on my own property. That's another story.
I had contracting work and a regular gig where I was making over a $1000 take home a week. I had a contract to make over $3500 take home for an 8 day contract. So the minimum I was taking home a week was a $1000.
A GEICO insured driver admitted fault where I received brain trauma, multiple injuries, and severe pain. The accident happened in July. I am still in pain and having daily back spasms. I can't get to doctor as I have no car and no money.
I lost my job because of the accident. I have received nothing and their offer is ridiculous. GEICO isn't willing to even cover my losses partially.
My medical bills are still unpaid and was receiving multiple calls a day regarding those unpaid bill that were supposed to be paid by GEICO given their insured was at fault and from what GEICO representatives told me.
I had been working extra hard to get down to the Gulf Coast for hurricane season. I had put about $2500 into the car GEICO totaled and did offer to pay me nine hundred something for that.
I was making $2600 a week after taxes as an insurance adjuster. I can type at speed with all of my fingers, am proficient with a video and other cameras,video editing, and have been certified on various adjusting software after having taken classes.
When I took the Texas Insurance adjuster test, I passed with the 3rd or 4th highest grade out of over 300 people having taken the test.
Also being a licensed contractor made me even more attractive for disaster areas doing insurance claims. I have advanced ladder skills, am not afraid of heights, and from being a contractor I don't have to learn terms and know the ins and outs of residential and commercial property claims.
I teamed up with the Mississippi Attorney General and a number of Mississippi homeowners to get stingy insurance companies to pay out in full, the claims I adjusted.
I have continuing back spasms, pain, and get more and more upset at GEICO everyday. My life has been completely disrupted, yet again, and I am supposed to just take it up the ass. WRONG BITCH!
I have been offered pennies on the dollar for what I am out. Their insured had very little coverage, their minimum won't even cover what I am currently out, and that amount wasn't even offered. MY FUCKING GOD!
So, I may have sustained a life debilitating injury. I don't know if I can even swing a ladder around anymore given that two or three vertebrae were bashed out of alignment. I now own no vehicle for the first time since I was 16.
A boom box caught me in the back of the head. At day two or three after the accident, I could not remember phone numbers and the codes to get into my laptop. I don't know if I have suffered permanent brain injuries or not, but I am still not as steady on my feet as I was before the accident.
Those who know me, noticed that I was completely different after the accident. Maybe I closer to the way I was mentally, but I am not one to ever give up. I love life too much. If I die before my time, suspect foul play.
Anybody who knows me, knows I am never quiet about absolutely being screwed over.
I intend on being in Washington DC to personally lobby US Senators and Congresspersons about doing an investigation into the entire insurance industry, how they pay claims, and their lack of paying out lost wages in real time.
Current policies are causing damage to the economy, to children and families, and is just plain bad business.
-Steven G. Erickson