Nature of agreement

militarydefenselawyers236As part of the nature of agreement, a pretrial agreement may include:

(1) A promise by the accused to plead guilty to, or to enter a confessional stipulation as to one or more charges and specifications, and to fulfill such additional terms or conditions which may be included in the agreement and which are not prohibited under this rule; and

(2) A promise by the convening authority to do one or more of the following:

(A) Refer the charges to a certain type of court-martial;

(B) Refer a capital offense as noncapital;

(C) Withdraw one or more charges or specifications from the court-martial;

(D) Have the trial counsel present no evidence as to one or more specifications or portions thereof; and

(E) Take specified action on the sentence adjudged by the court-martial.

1. An accused may: “[P]lead guilty to, or enter a confessional stipulation as to one or more charges and specifications, and to fulfill such additional terms or conditions which may be included in the agreement which are not prohibited under this rule . . .”

2. The convening authority may promise to do one or more of the following:

a. Refer the case to a certain level of court-martial;

b. Refer a capital offense as noncapital;

c. Withdraw one or more charges or specifications from the court-martial;

d. Have the trial counsel present no evidence as to one or more specifications or portions thereof; and

e. Take specified action on the sentence adjudged by the court-martial.

  • . RCM 705(d).RCM 705. Pretrial agreements . . . . (d)

specifications from the court-martial

type of court-martial