You can also break an agreement if the breach is not material and no consequences flow from it. Redwood City, San Mateo County, CA 94063, Copyright 2023 Morales Law Firm | Powered by, 11 Mistakes to Avoid in the Early Stages of Your Criminal Case, Parents Guide to Finding a Criminal Defense Lawyer, Federal Criminal Defense Lawyer San Francisco CA, Federal Criminal Defense Lawyer Redwood City CA, Criminal Defense Attorney San Francisco CA, White Collar Crime Lawyer San Francisco CA, Criminal Defense Attorney Redwood City CA, Domestic Violence Lawyer San Francisco CA, Child Pornography Defense Lawyer Redwood City, CA, Federal Criminal Defense Lawyer Redwood City, CA, Child Pornography Lawyer Redwood City, CA, Child Pornography Defense Lawyer San Francisco, CA, probation,parole,suspended sentence, or alternative sentencing, to refrain from calling witnesses to testify at sentencing, or, whether it was the prosecutor or the defendant who breached the agreement, whether the prosecution intentionally or inadvertently violated it, whether theres been a change in circumstances since the plea bargain, and. According to a recent study from the Pew Research Center, of the roughly 80,000 federal prosecutions initiated in 2018, just two percent went to trial. But at the time of sentencing, the prosecutor wrote to the judge that Morales had a 20 year criminal history, including convictions for selling heroin and domestic violence. 1.MAKE CHECK OR MONEY ORDER PAYABLE TO:CLERK, U.S. DISTRICT COURT, 2.PAYMENT MUST REACH THE CLERK'S OFFICE BEFORE YOUR SENTENCING DATE, Clerk, U.S. District Court Blackman Bail Bonds is here to discuss the process and options to consider for a plea deal. Once the judge accepts the defendants guilty or no contest plea and enters a conviction, that judge cant later overturn the plea agreement. You can also break an agreement if the breach is not material and no consequences flow from it. What percent of cases end in a plea bargain? Call 888-680-1745 for Central Intake with Dr. Nick Oberheiden, Anti-Counterfeiting & Brand Protection Attorneys. The United States agrees not to use any truthful information provided pursuant to this agreement against the defendant in any other criminal prosecution against the defendant. If the defendant desired to do so, the defendant could testify in the defendants own behalf. Prosecutors and judges often prefer plea bargains because it reduces the prosecutors case load and clears cases off the court docket. The right to confront or cross-examine your accusers. The consequences of violating a non-disclosure agreement (NDA) can be severe. Distinguished Professor of Public Law and Government; Director, Criminal Justice Innovation Lab. 1986)); see also State v. King, 218 N.C. App. If the prosecutor breaks their side of deal, you can seek to have the guilty plea set aside or enforced. WebWhat happens if you break a non-disclosure agreement? George C. Harris, Esq. A plea deal relies on substantial negotiation between the defendants representation and the prosecution. The defendant agrees to cooperate fully, truthfully and completely with the United States, and provide all information known to the defendant. Not consenting or withdrawing consent, may adversely affect certain features and functions. While the judge is likely to adhere closely to the terms of the agreement, they are free to amend it and sentence as they see fit. It's hard to believe that a prosecutor would agree to a particular sentence and then argue differently in a memorandum to a judge. The defendant understands that by entering into this agreement, the defendant surrenders certain rights as provided in this agreement. In regard to that cooperation: a. Once a plea is entered pursuant to a plea agreement, the parties are bound by the agreement and failure to comply with it constitutes a breach. IF I'M SMOKING WEED IN MY DRIVEWAY, CAN THE POLICE COME INTO MY HOME AND SEARCH IT. Some reasons why a plea agreement may be a good choice in your case include: Like many decisions in life, there are also negative consequences to entering into a plea agreement. For example, you may be given a chance to plead guilty to a misdemeanor instead of a felony, or to a crime of a lesser degree or class. Occasionally questions arise about whether a breach has occurred and if so, what remedy should apply. WebIf you get a sentence that you feel is overly harsh, your legal representative will assist during the appeal process. Once a judge approves it, the bargain becomes enforceable by lawits therefore a contract. When you plead guilty in some criminal cases, it is automatically used against you in a civil case. To maximize the chances of getting a favorable plea bargain, seek the best legal representation available. Although less common, some cases deal with breach by defendants. In negotiating a plea bargain, the prosecution is negotiating for the sentencing they will suggest to the judge. at 731. Dr. Nick Oberheiden, founder of Oberheiden P.C., focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation. Jacksonville, FL 32207 Section 3553(e), or Rule 35(b) of the Federal Rules of Criminal Procedure, in respect to the defendants cooperation. We Will Protect Your Rights, Reputation and Freedom. So in many situations agreements are being broken all the time, but the way in which they are being broken is not fundamental to the operation of the contract. This could benefit you not only in your current case, but also if you are charged with a crime in the future. It is important to understand that the prosecution does not have complete control of the outcome of sentencing. 727-457-8660, Tampa, Florida Third-Party cookies are set by our partners and help us to improve your experience of the website. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. All visitors to this Website are informed that Oberheiden P.C. Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial. It is surprising how many legal ways there are to break an agreement once you have signed it. Yes. Your gift will make a lasting impact on the quality of government and civic participation in North Carolina. This plea agreement is not conditioned upon charges being brought against any other individual. Enter the e-mail address you want to send this page to. by Blackman Bail Bonds | Sep 3, 2020 | General Information. As required by the United States, the defendant agrees to be available for debriefing by law enforcement and intelligence officers and for pre-trial conferences with prosecutive authorities. Fortunately for Morales, he had a good criminal lawyer who pointed out that a plea agreement is a contract and what the prosecutor did was a clear breach of that contract. The question becomes: Why agree to a plea if the prosecutor doesnt control the sentence? A no contest plea to a misdemeanor cannot be sued against the defendant in certain civil cases as evidence of criminality whereas a guilty plea typically can be. The maximum penalty for the violation of Count Nine is ten years imprisonment; a fine of $250,000; three years of supervised release; and a $100 special assessment. If the prosecutor breaks their side of deal, you can seek to have the guilty plea set aside or enforced. If you go through a trial of your peers, your case could take months, even years, to finally close. The defendant acknowledges that he has been advised that the United States will not seek a downward departure from the applicable sentencing guidelines, or from the sentence imposed, pursuant to Section 5K of the Sentencing Guidelines, Title 18 U.S.C. Can you break an agreement once you have signed it? What happens if you break a plea agreement? Ensuring the defendants competence, mental and physical to understand the sentence. Morales's lawyer demanded specific performance (in this case, a six month sentence for his client) and will get it. What happens if you break a plea agreement? The Government agrees not to object to the defendants request to the Court for a recommendation that he be assigned to a suitable Bureau of Prisons facility near his parents homes. Phone: 904-343-4556, 1301 Riverplace Blvd., Suite 800 The primary benefit of a plea bargain is reduced criminal charges, which result in a lighter sentence and a record that reflects less severe offenses. This plea agreement is not conditioned upon any result in any future prosecution which may occur because of the defendants cooperation. WebWhat happens if you break a non-disclosure agreement? Legal advice is also crucial when it comes to challenging a plea. If you agree to a plea bargain, the prosecutor may agree to reduce the chargesfor example, reducing a felony to a misdemeanoror your sentence, which may be reduced to probation, depending on the offense. A promise to recommend a sentence does not require the prosecutor to advocate for the sentence or to explain the reasons for the recommendation. How to Get Out of a Bail Bond Contract in Pennsylvania, Understand the Difference Between Murder and Manslaughter in PA. Raj Chatterjee, Esq. Blackwell, 135 N.C. App. Your choice regarding cookies on this site. What next? It is not meant as a checklist for those who are seeking to avoid their legal obligations, but it may shed light on and inform some presumptions about the legal efficacy of agreements. San Francisco, CA 94109, 605 Middlefield Road Suite A The higher court enforced the literal terms of the promise and required the prosecutor's strict compliance with it. This plea agreement is conditioned upon the defendants providing full, complete and truthful cooperation. The higher court enforced the literal terms of the promise and required the prosecutor's strict compliance with it. 813-789-6404. Which plea is the same as a guilty plea but Cannot be used as evidence? Charlotte Criminal Defense and DWI Lawyer. In criminal cases in the United States, a defendant can generally seek to withdraw a guilty plea after sentencing by filing a motion to withdraw the plea and demonstrating good cause therefore. If you violate one, your former employer could sue you, seeking either or both of a court order (injunctive) prohibiting you from working in the position which violated the agreement and/or monetary compensation if they can show some loss or harm from your competition. And prosecutors have several other ways to affect sentences. Additionally, pleading guilty avoids the uncertainty of a trial. Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Search Warrants: When the Police Must Have a Warrant and When They Can Conduct a Warrantless Search, What You Need to Know if Your Child Is Charged With Shoplifting in Charlotte, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina. Its easy enough to extrapolate the basics of what a plea bargain implies, but how much do you actually know about what happens after you accept a plea bargain? The penalty for the offense charged in the Criminal Information is ten years imprisonment, consecutive to any term of imprisonment imposed on Count Nine; a fine of $250,000; three years of supervised release; and a $100 special assessment. It is best not to rely on the general law in this regard and to make sure that the contract is specific about what is permitted and what is not. Are there circumstances when a plea agreement should never be offered? Most trial courts tend to follow prosecutors plea-bargain recommendations. Typically the issue arises in a defense motion asserting a breach by the State. It is at the discretion of the prosecution to extend a plea bargain and set any terms. If you break your contract, however, the prosecutor is no longer bound by the deal. Its very important to seek the advice of an attorney before agreeing to a plea. Blackman Bail Bonds can help you with that task. And the prosecutor agrees to a certain reduced sentence so that the accused knows what he getting. If the defendant fails in any way to fulfill completely all of the obligations under this plea agreement, including but not limited to his candid, forthright, truthful and complete cooperation, the United States may seek release from any or all its obligations under this plea agreement. Statement of Special Assessment Account. Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Do Men Still Wear Button Holes At Weddings? But, occasionally, a prosecutor may agree, through a plea bargain, to take a particular action, then fail to follow through. Registering as a sex-offender. Only an attorney familiar with the laws of your jurisdiction will be able to adequately explain the law and help assess your options. If you agree to a plea bargain, the prosecutor may agree to reduce the chargesfor example, reducing a felony to a misdemeanoror your sentence, which may be reduced to probation, depending on the offense. William B. Cummings, Esq. The technical storage or access that is used exclusively for statistical purposes. Further, I fully understand all rights with respect to the provisions of the Sentencing Guidelines and Policy Statements which may apply in my case. The higher court ruled that the prosecutor breached the plea agreement through its repeated and inflammatory references to Morales's criminal history in it's sentencing memorandum. 2023 Oberheiden P.C. 11. We would be pleased to provide detailed advice on request and in accordance with our usual terms should anything in this article or otherwise occur to you on which you would like further guidance. Also, defendants who have pleaded but not yet been sentenced can sometimes get out of their deals, particularly when the judge rejects the negotiated agreement pursuant to which the defendant pleaded. It's a site that collects all the most frequently asked questions and answers, so you don't have to spend hours on searching anywhere else. section 5D1.3(c)(1). This is an unfortunate example of not being able to trust a government prosecutor and government judge to do what they were duty bound to do. In California, a no contest plea generally has the same legal effect as a guilty plea, but with one exception. 2. whether the defendant wants to get out of the plea bargain. Read on for more information about this topic. Accordingly, the appropriate total sentence of imprisonment is twenty years. If you accept a plea agreement, a judge will sentence you without a trial and without a chance to change your mind. Understand that the Court will impose NY sentencing guidelines as it sees fit, but will also likely honor any plea deal that you agree upon with the state. Courts have a good deal of discretion in determining the remedy for breach of a plea agreement. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. The higher court enforced the literal terms of the promise and required the prosecutor's strict compliance with it. TimesMojo is a social question-and-answer website where you can get all the answers to your questions. Defendant adopts the Statement of Facts and agrees that the facts therein are accurate in every respect and that had the matter proceeded to trial, the United States would have proved those facts beyond a reasonable doubt. Occasionally, ambiguity in the plea agreement complicates the determination of whether a breach has occurred. The consequences of violating a non-disclosure agreement (NDA) can be severe. No. Some writers are using plead as a noun. The judge usually trusts the experience and negotiations of the DA and the Defense attorney but can overrule some aspects if they feel it isnt quite right. Restitution is not applicable in this case. Only trial courts (in essence, judges) have the power to impose sentencesa courts refusal to sentence a defendant according to the terms of a plea bargain isnt a breach of the agreement by the prosecution. 13. This is known as a plea bargain. Confirmation that the defendant has voluntarily accepted the plea, Informing the defendant of the steps necessary for a presentencing report, and, Former Department of Justice Trial Attorneys, Former Federal Prosecutors, U.S. Attorneys Office. Norfolk, VA 23510, 4.INCLUDE DEFENDANTS NAME ON CHECK OR MONEY ORDER, 5.ENCLOSE THIS COUPON TO INSURE PROPER and PROMPT APPLICATION OF PAYMENT. This written agreement constitutes the complete plea agreement between the United States, the defendant, and the defendants counsel. State v. Wall, 348 N.C. 671, 676 (1998); Rodriguez, 111 N.C. App. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. Most criminal convictions are the result of a plea bargain. A plea bargain is a deal offered to a defendant by the prosecution in a criminal case. Specifically, if and when Firm cooperates with Local Counsel, Firm will disclose the details to the client in writing for their approval. Any alleged breach of this agreement by either party shall be determined by the Court in an appropriate proceeding at which the defendants disclosures and documentary evidence shall be admissible and at which the moving party shall be required to establish a breach of the plea agreement by a preponderance of the evidence. While this information may constitute attorney advertising in some jurisdictions, merely reading this information does not create an attorney-client relationship. In some jurisdictions, Eric would have an absolute right to withdraw his plea. Although the prosecution doesnt have final say over a defendants sentence, it has the power to agree to either recommend a certain sentence or not make any recommendation at all. I understand this agreement and I voluntarily agree to it. If you agree to it, you enter into a contract with the prosecutor, and the plea bargain should be placed on record. Upon the deal on what happens if break plea agreement, all of the defendant who is facing serious violations include: getting charged as a trial? The defendant agrees that pending sentencing in this matter he will not seek release from detention. This is known as a plea bargain. Accordingly, the Sentencing Guideline Range on Count Eight is 292-365 months, subject to the statutory maximum of ten years imprisonment. See United States v. Benchimol, 471 U.S. 453, 455-57 (1985). Before sentencing in this case, the defendant agrees to pay a mandatory special assessment of one hundred dollars ($100.00) per count of conviction. I have read this plea agreement and carefully reviewed every part of it with my attorney. What do the next steps look like? at 262-63; Blackwell, 135 N.C. App. Depending on the criminal charges, sentencing may include jail time, fines, probation, and other penalties. Typically, this deal will exchange reduced sentencing or conviction on a lesser charge for the defendant pleading guilty or no contest and waiving their right to a trial. e.The defendant agrees that the accompanying Statement of Facts is limited to information to support the plea. The prosecutor may offer a deal for a reduced sentence or no jail time if you agree to plead guilty. 729, 730-32 (1999) (State breached promise not to use plead-to felony as a theory of first-degree murder under the felony-murder rule; although the State did not use the plead-to felony as the underlying felony, it used it derivatively to prove the underlying felonies). There are both benefits and drawbacks to entering into an agreement, and you need to understand them so that you make an informed decision on whether to accept one if it is offered to you. For example, if a defendant is facing multiple charges from the same incident, the prosecution may offer a plea bargain wherein the more severe charges are dropped if the defendant pleads guilty or no contest to the lesser charge. A third category of legitimate break is if the person wishing to break the contract can show a repudiatory or fundamental breach by the other party. In others, if he was informed that the court had the power to impose a harsher sentence, then he may not be able to withdraw the plea, depending on that jurisdictions laws. -- prosecutors may be unwilling to offer a plea deal at all. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Another situation is where external conditions force a breach of contract. The defendant would be able to confront those witnesses and the defendants attorney would be able to cross-examine them. If you violate one, your former employer could sue you, seeking either or both of a court order (injunctive) prohibiting you from working in the position which violated the agreement and/or monetary compensation if they can show some loss or harm from your competition. For a reduced sentence so that the accused knows what he getting, if and when Firm cooperates with counsel... Tend to follow prosecutors plea-bargain recommendations agreement, a no contest plea generally has the legal... Maximize the chances of getting a favorable plea bargain and set any terms Bail Bonds can you... Written agreement constitutes the complete plea agreement complicates the determination of whether a breach by deal. Or withdrawing consent, may adversely affect certain features and functions if and when Firm with! For breach of contract in the future determining the remedy for breach of contract between the defendants cooperation result. Your options part of it with MY attorney complete and truthful cooperation or enforced he will seek... Home and SEARCH it a defendant by the deal consequences of violating a agreement... Defendants representation and the defendants providing full, complete and truthful cooperation Wall, 348 N.C. 671, 676 1998... Not create an attorney-client relationship and help us to improve your experience of the defendants cooperation promise. Defendant could testify in the plea bargain, seek the advice of an attorney before agreeing to a plea at! When a plea agreement and I voluntarily agree to it Justice Innovation Lab legal... Other ways to affect sentences | Sep 3, 2020 | General information sentencing this! Can also break an agreement once you have signed it information may constitute advertising!, a no contest plea and enters a conviction, that judge cant later the... Judge accepts the defendants attorney would be able to cross-examine them questions arise about a... Public Law and Government ; Director, criminal Justice Innovation Lab is used exclusively for statistical.... Your gift will make a lasting impact on the quality of Government and civic participation in Carolina... Third-Party cookies are set by our partners and help us to improve your of... Subject to the judge accepts the defendants own behalf the best legal representation available favorable bargain..., however, the sentencing they will suggest to the judge accepts the defendants own behalf attorney before agreeing a! Can not be used as evidence will disclose the details to the judge accepts defendants... Agrees to a particular sentence and then argue differently in a civil case knows what he getting cant... It is surprising how many legal ways there are to break an agreement if the breach is not upon!, Reputation and Freedom be offered seek release from detention assist during the appeal process to questions. To get out of the promise and required the prosecutor to advocate for the they! Could benefit you not only in your current case, a no contest plea generally the... The United States, and the prosecution is negotiating for the sentencing Guideline Range on Count is! The bargain becomes enforceable by what happens if you break a plea agreement therefore a contract 1998 ) ; see also State v. King 218... Aside or enforced later overturn the plea bargain this agreement plea generally has the same as guilty! Placed on record performance ( in this matter he will not seek release from detention demanded specific performance in! Remedy should apply recommend a sentence does not have complete control of the plea bargain a... And carefully reviewed every part of it with MY attorney how many legal ways there are to break agreement. You accept a plea if the breach is not material and no consequences flow from.... Constitute attorney advertising in some jurisdictions, Eric would what happens if you break a plea agreement an absolute right to his..., probation, and the plea bargain and set any terms defendants guilty or no jail time if agree!, Anti-Counterfeiting & Brand Protection Attorneys participation in North Carolina the client in writing for their approval off court. In North Carolina there are to break an agreement once you have signed it believe that a prosecutor would to! This could benefit you not only in your current case, a no plea. How many legal ways there are to break an agreement if the breaks. Favorable plea bargain create an attorney-client relationship get out of the plea agreement complicates the determination of whether a of! Time, fines, probation, and provide all information known to client. An attorney-client relationship client ) and will get it plea deal relies on substantial between... Consent, may adversely affect certain features and functions see also State v. Wall, N.C.! A no contest plea and enters a conviction, that judge cant later overturn the plea.! Load and clears cases off the court docket set by our partners and help us to improve experience... Justice Innovation Lab remedy should apply but can not be used as evidence prosecution a. Court enforced the literal terms of the promise and required the prosecutor breaks their side of deal, you get. Also if you go through a trial of your jurisdiction will be able adequately. Lawits therefore a contract with the prosecutor 's strict compliance with it ways to affect sentences some jurisdictions, reading! 676 ( 1998 ) ; Rodriguez, 111 N.C. App enter into a contract negotiating for the they... Trial and without a trial of your jurisdiction will be able to cross-examine them breach of a plea the! Ambiguity in the future this could benefit you not only in your current case, but with one exception prosecution. Should be placed on record defendant wants to get out of the defendants full. Plea bargain what remedy should apply when it comes to challenging a plea could take months, to! You get a sentence that you feel is overly harsh, your legal representative will assist during appeal... Any future prosecution which may occur because of the website of deal, you can seek to have guilty... Firm will disclose the details to the statutory maximum of ten years imprisonment could... 671, 676 ( 1998 ) ; Rodriguez, 111 N.C. App, some deal! Appropriate total sentence of imprisonment is twenty years external conditions force a breach occurred. To cross-examine them voluntarily agree to it about whether a breach has occurred and so! With one exception some criminal cases, it is surprising how many legal ways are. Plea set aside or enforced and truthful cooperation surprising how many legal ways there are to break an once. Plea and enters a conviction, that judge cant later overturn the plea bargain is deal! Same as a guilty plea, but with one exception relies on substantial negotiation between the defendants cooperation close. You want to send this page to generally has the same legal effect as a guilty plea set aside enforced. You are charged with a crime in the future of a plea if the prosecutor breaks their side of,! Of an attorney familiar with the United States v. Benchimol, 471 U.S. 453, (! Laws of your jurisdiction will be able to confront those witnesses and the prosecution does not create an relationship... And set any terms cant later overturn the plea bargain most criminal convictions are result! Sentence you without a chance to change your mind prosecutor to advocate for sentence. If the breach is not conditioned upon charges being brought against any other individual in... Good deal of discretion in determining the remedy for breach of contract surprising how many legal ways are... Will make a lasting what happens if you break a plea agreement on the criminal charges, sentencing may include jail time fines... Plea but can not be used as evidence understand that the prosecution does not create an relationship. Maximize the chances of getting a favorable plea bargain and set any terms MY attorney force a has... Representative will assist during the appeal process have an absolute right to withdraw plea! Bargain is a deal offered to a certain reduced sentence or to explain the reasons the... Distinguished Professor of Public Law and help us to improve your experience of the website plea agreement never... Agreement complicates the determination of whether a breach of contract accept a plea relies! Send this page to access that is used exclusively for statistical purposes once the judge ( 1998 ) Rodriguez. Material and no consequences flow from it defense motion asserting a breach has occurred and if so what. This page to WEED in MY DRIVEWAY, can the POLICE COME into MY HOME and it! With that task prosecutor may offer a plea bargain and set any.! Your legal representative will assist during the appeal process conviction, that judge cant later overturn the agreement! Non-Disclosure agreement ( NDA ) can be severe adversely affect certain features functions. You break an agreement once you have signed it understand that the accompanying Statement of Facts limited... Month sentence for his client ) and will get it agreement is not material and no consequences flow it! Courts what happens if you break a plea agreement to follow prosecutors plea-bargain recommendations, and the prosecutor to advocate for the recommendation years! On record extend a plea agreement a certain reduced sentence or to explain the and! Negotiating for the recommendation truthfully and completely with the prosecutor 's strict with! Have read this plea agreement complicates the determination of whether a breach has occurred and if so, what should! Typically the issue arises in a plea bargain when a what happens if you break a plea agreement deal on... Of Public Law and Government ; Director, criminal Justice Innovation Lab probation, other! Although less common, some cases deal with breach by defendants Eric would an! The e-mail address you want to send this page to seek the best legal available... Social question-and-answer website where you can get all the answers to your questions accept a plea,! On Count Eight is 292-365 months, subject to the statutory maximum of ten years imprisonment this,... Plea and what happens if you break a plea agreement a conviction, that judge cant later overturn the plea bargain is a social question-and-answer website you! Intake with Dr. Nick Oberheiden, Anti-Counterfeiting & Brand Protection Attorneys to maximize the chances of getting a plea.