12. Guilty Pleas and Plea Bargaining

Question 1

For a guilty plea to be valid, the judge must establish that it is:

Answer 1

1. voluntary

and

2. intelligent

Question 2

Before accepting the plea, the judge must conduct a colloquy in open court in which she addresses on the record:

Answer 2

1. The nature of the charges, including required elements of the charged offense; and
2. The consequences of the plea, e.g., waiver of the right to plead not guilty; waiver of the right to a trial.

Question 3

Once a defendant who has pled guilty is sentenced, it is difficult for him to withdraw his plea. He may do so, however, if:

Answer 3

1. The plea is involuntary, due to a defect in the plea-taking colloquy;
2. The defendant prevails on a claim of ineffective assistance of counsel; or
3. The prosecutor fails to fulfill his or her part of the bargain.