Maryland Code, PUBLIC SAFETY 13A-718.1
Terms Used In Maryland Code, PUBLIC SAFETY 13A-718.1
- Convening authority: includes :
(1) the person who convened the court; and
(2) (i) a commissioned officer commanding for the time being; or
(ii) a successor in command to the convening authority. See - Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(i) the manner in which the convening authority will dispose of one or more charges and specifications; and
(ii) limitations on the sentence that may be adjudged for one or more charges and specifications.
(2) The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
(b) The military judge of a general or special court-martial shall reject a plea agreement that:
(1) contains a provision that has not been accepted by both parties;
(2) contains a provision that is not understood by the accused;
(3) except as provided in subsection (c) of this section, contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in § 13A-802 of this title;
(4) is prohibited by law; or
(5) is contrary to, or is inconsistent with, a regulation prescribed by the president with respect to terms, conditions, or other aspects of plea agreements.
(c) With respect to an offense referred to in § 13A-802 of this title:
(1) the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and
(2) on recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.
(d) On acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the court-martial.