Common use of ACKNOWLEDGMENT & WAIVER OF RIGHTS Clause in Contracts

ACKNOWLEDGMENT & WAIVER OF RIGHTS. 2. The Defendant understands its rights and understands that by pleading guilty pursuant to this Plea Agreement, it is giving up a number of rights including the right: (a) to plead not guilty to the criminal charge brought against it; (b) to have a trial by jury, at which it would be presumed not guilty of the charge and the United States would have to prove every essential element of the charged offense beyond a reasonable doubt for it to be found guilty; (c) to confront and cross-examine witnesses against it and to subpoena witnesses in its defense at trial; (d) to pursue any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could have been filed;. (e) to appeal its conviction if it is found guilty; and (f) to appeal the imposition of sentence against it. Subject to this Court’s approval of this Plea Agreement, the Defendant knowingly and voluntarily waives the rights set out in Paragraph 2(a)-(f) above. The Defendant understands that by pleading guilty pursuant to this Plea Agreement, it is giving up all of these rights and there will not be a trial of any kind. The Defendant also understands that it ordinarily would have the right to appeal its sentence and, under some circumstances, to attack the conviction and sentence in post-conviction proceedings. By entering this Plea Agreement, the Defendant may be waiving some or all of those rights to appeal and to collaterally attack its conviction and sentence, as specified below. Finally, the Defendant understands that to plead guilty, it will, through a duly authorized corporate representative, have to answer, under oath, questions posed by the Court concerning the rights that the Defendant is giving up and the facts of this case, and the Defendant’s answers, if untruthful, may later be used against it.

Appears in 1 contract

Samples: Plea Agreement (Allergan Inc)

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ACKNOWLEDGMENT & WAIVER OF RIGHTS. 2. The Defendant understands its rights and understands that by pleading guilty pursuant to this Plea Agreementguilty, it he is giving up a number of rights including the right: (a) right to plead not guilty and the right to be tried by a jury. At a trial, the criminal charge brought against it; (b) Defendant would have the right to have a an attorney, and if the Defendant could not afford an attorney., the Court would appoint one to represent the Defendant at trial by juryand at every stage of the proceedings. During the trial., at which it the Defendant would be presumed not guilty of the charge innocent and the United States Government would have to prove every essential element the burden of the charged offense proving him guilty beyond a reasonable doubt for it to be found guilty; (c) doubt. The Defendant would have the right to confront and cross-examine the witnesses against it him. If the Defendant wished, he could testify on his own behalf and to present evidence in his defense, and he could subpoena witnesses in its defense at to testify on his behalf. If, however, the Defendant did not wish to testify, that fact could not be used against him, and the Government could not compel him to incriminate himself. If the Defendant were found guilty after a trial;, he would have the right to appeal the conviction. (d) 3. The Defendant understands that by pleading guilty, he is giving up all of these rights and there will not be a trial of any kind. 4. By pleading guilty, the Defendant also gives up any and all rights to pursue any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could have been filed;. (e) to appeal its conviction if it is found guilty; and (f) to appeal the imposition of sentence against it. Subject to this Court’s approval of this Plea Agreement, the Defendant knowingly and voluntarily waives the rights set out in Paragraph 2(a)-(f) above. The Defendant understands that by pleading guilty pursuant to this Plea Agreement, it is giving up all of these rights and there will not be a trial of any kind5. The Defendant also understands that it he ordinarily would have the right to appeal its his sentence and, under some circumstances, to attack the conviction and sentence in post-conviction proceedings. By entering this Plea Agreement, the Defendant may be waiving some or all of those rights to appeal and to collaterally attack its his conviction and sentence, as specified below. 6. Finally, the Defendant understands that that, to plead guilty, it will, through a duly authorized corporate representative, he may have to answer, under oath, questions posed to him by the Court concerning the rights that the Defendant he is giving up and the facts of this case, and the Defendant’s 's answers, if untruthful, may later be used against ithim in a prosecution for perjury or false statements.

Appears in 1 contract

Samples: Plea Agreement

ACKNOWLEDGMENT & WAIVER OF RIGHTS. 2. The Defendant understands its rights and understands that by pleading guilty pursuant to this Plea Agreementguilty, it he is giving up a number of rights including the right: (a) right to plead not guilty and the right to be tried by a jury. At a trial, the criminal charge brought against it; (b) Defendant would have the right to have a an attorney, and if the Defendant could not an attorney, the Court would appoint one to represent the Defendant at trial by juryand at every stage of the proceedings. During the trial, at which it the Defendant would be presumed not guilty of the charge innocent and the United States Government would have to prove every essential element the burden of the charged offense proving him guilty beyond a reasonable doubt for it to be found guilty; (c) doubt. The Defendant would have the Case 1:15-cr-00116-AT Document 4-1 Filed 04/22/15 Page 1 of 15 right to confront and cross-examine the witnesses against it him. If the Defendant wished, he could testify on his own behalf and to present evidence in his defense, and he could subpoena witnesses in its defense at to testify on his behalf. If, however, the Defendant did not wish to testify, that could not be used against him, and the Government could not compel him to incriminate himself. If the Defendant were found guilty after a trial;, he would have the right to appeal the conviction. (d) 3. The Defendant understands that by pleading guilty, he is giving up all of these rights and there will not be a trial of any kind. 4. By pleading Defendant also gives up any and all rights to pursue any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could have been filed;. (e) to appeal its conviction if it is found guilty; and (f) to appeal the imposition of sentence against it. Subject to this Court’s approval of this Plea Agreement, the Defendant knowingly and voluntarily waives the rights set out in Paragraph 2(a)-(f) above. The Defendant understands that by pleading guilty pursuant to this Plea Agreement, it is giving up all of these rights and there will not be a trial of any kind5. The Defendant also understands that it he ordinarily would have the right to appeal its his sentence and, under some circumstances, to attack the conviction and sentence in post-conviction proceedings. By entering this Plea Agreement, the Defendant may be waiving some or all of those rights to appeal and to collaterally attack its his conviction and sentence, as specified below. 6. Finally, the Defendant understands that that, to plead guilty, it will, through a duly authorized corporate representative, he may have to answer, under oath, questions posed to him by the Court concerning the rights that the Defendant he is giving up and the facts of this case, and the Defendant’s 's answers, if untruthful, may later be used against it.him in a prosecution for perjury or false statements. Case 1:15-cr-00116-AT Document 4-1 Filed 04/22/15 Page 2 of 15

Appears in 1 contract

Samples: Plea Agreement

ACKNOWLEDGMENT & WAIVER OF RIGHTS. 2. The Defendant understands its rights and understands that by pleading guilty pursuant to this Plea Agreement, it is giving up a number of rights including the right: (a) to plead not guilty to the criminal charge brought against it; (b) to have a trial by jury, at which it would be presumed not guilty of the charge and the United States would have to prove every essential element of the charged offense beyond a reasonable doubt for it to be found guilty; (c) to confront and cross-examine witnesses against it and to subpoena witnesses in its defense at trial; (d) to pursue any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could have been filed;. (e) to appeal its conviction if it is found guilty; and (f) to appeal the imposition of sentence against it. Subject to this Court’s approval of this Plea Agreement, the Defendant knowingly and voluntarily Voluntarily waives the rights set out in Paragraph 2(a)-(f) above. The Defendant understands that by pleading guilty pursuant to this Plea Agreement, it is giving up all of these rights and there will not be a trial of any kind. The Defendant also understands that it ordinarily would have the right to appeal its sentence and, under some circumstances, to attack the conviction and sentence in post-conviction proceedings. By entering this Plea Agreement, the Defendant may be waiving some or all of those rights to appeal and to collaterally attack its conviction and sentence, as specified below. Finally, the Defendant understands that to plead guilty, it will, through a duly authorized corporate representative, have to answer, under oath, questions posed by the Court concerning the rights that the Defendant is giving up and the facts of this case, and the Defendant’s answers, if untruthful, may later be used against it.

Appears in 1 contract

Samples: Plea Agreement (Allergan Inc)

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ACKNOWLEDGMENT & WAIVER OF RIGHTS. 2. The Defendant understands its rights and understands that by pleading guilty pursuant to this Plea Agreementguilty, it she is giving up a number of rights including the right: (a) right to plead not guilty and the right to be tried by a jury. At a trial, the criminal charge brought against it; (b) Defendant would have the right to have a an attorney, and if the Defendant could not afford an attorney, the Court would appoint one to represent the Defendant at trial by juryand at every stage of the proceedings. During the trial, at which it the Defendant would be presumed not guilty of the charge innocent and the United States Government would have to prove every essential element the burden of the charged offense proving her guilty beyond a reasonable doubt for it to be found guilty; (c) doubt. The Defendant would have the right to confront and cross-examine the witnesses against it her. If the Defendant wished, she could testify on her own behalf and to present evidence in her defense, and she could subpoena witnesses in its defense at to testify on her behalf. If, however, the Defendant did not wish to testify, that fact could not be used against her, and the Government could not compel her to incriminate herself. If the Defendant were found guilty after a trial;, she would have the right to appeal the conviction. (d) 3. The Defendant understands that by pleading guilty, she is giving up all of these rights and there will not be a trial of any kind. 4. By pleading guilty, the Defendant also gives up any and all rights to pursue any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could have been filed;. (e) to appeal its conviction if it is found guilty; and (f) to appeal the imposition of sentence against it. Subject to this Court’s approval of this Plea Agreement, the Defendant knowingly and voluntarily waives the rights set out in Paragraph 2(a)-(f) above. The Defendant understands that by pleading guilty pursuant to this Plea Agreement, it is giving up all of these rights and there will not be a trial of any kind5. The Defendant also understands that it she ordinarily would have the right to appeal its her sentence and, under some circumstances, to attack the conviction and sentence in post-conviction proceedings. By entering this Plea Agreement, the Defendant may be waiving some or all of those rights to appeal and to collaterally attack its her conviction and sentence, as specified below. 6. Finally, the Defendant understands that that, to plead guilty, it will, through a duly authorized corporate representative, she may have to answer, under oath, questions posed to her by the Court concerning the rights that the Defendant she is giving up and the facts of this case, and the Defendant’s answers, if untruthful, may later be used against ither in a prosecution for perjury or false statements.

Appears in 1 contract

Samples: Plea Agreement

ACKNOWLEDGMENT & WAIVER OF RIGHTS. 2. The Defendant understands its rights and understands that by pleading guilty pursuant to this Plea Agreementguilty, it she is giving up a number of rights including the right: (a) right to plead not guilty and the right to be tried by a jury. At a trial, the criminal charge brought against it; (b) Defendant would have the right to have a an attorney, and if the Defendant could not afford an attorney, the Court would appoint one to represent the Defendant at trial by juryand at every stage of the proceedings. During the trial, at which it the Defendant would be presumed not guilty of the charge innocent and the United States Government would have to prove every essential element the burden of the charged offense proving her guilty beyond a reasonable doubt for it to be found guilty; (c) doubt. The Defendant would have the right to confront and cross-examine the witnesses against it her. If the Defendant wished, she could testify on her own behalf and to present evidence in her defense, and she could subpoena witnesses in its defense at to testify on her behalf. If, however, the Defendant did not wish to testify, that fact could not be used against her, and the Government could not compel her to incriminate herself. If the Defendant were found guilty after a trial; (d) , she would have the right to appeal the conviction. The Defendant understands that by pleading guilty, she is giving up all of these rights and there will not be a trial of any kind. By pleading guilty, Xxxxxxxxx also gives up any and all rights to pursue any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could have been filed;. (e) to appeal its conviction if it is found guilty; and (f) to appeal the imposition of sentence against it. Subject to this Court’s approval of this Plea Agreement, the Defendant knowingly and voluntarily waives the rights set out in Paragraph 2(a)-(f) above. The Defendant understands that by pleading guilty pursuant to this Plea Agreement, it is giving up all of these rights and there will not be a trial of any kind. The Defendant also understands that it she ordinarily would have the right to appeal its her sentence and, under some circumstances, to attack the conviction and sentence in post-post- conviction proceedings. By entering this Plea Agreement, the Defendant may be waiving some or all of those rights to appeal and to collaterally attack its her conviction and sentence, as specified below. Finally, the Defendant understands that that, to plead guilty, it will, through a duly authorized corporate representative, she may have to answer, under oath, questions posed to her by the Court concerning the rights that the Defendant she is giving up and the facts of this case, and the Defendant’s 's answers, if untruthful, may later be used against ither in a prosecution for perjury or false statements.

Appears in 1 contract

Samples: Plea Agreement

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