`16. Pleas and Plea Bargaining

Question 1

what must the judge make sure the defendant knows before accepting a plea?

Answer 1

1) the nature of the charge to which the plea is offered and the crucial elements of the crime charged,
2) the maximum possible penalty and any mandatory minimums, and
3) that the defendant has a right not to plead guilty and by pleading guilty, they waive their right to trial

Question 2

for what reasons can pleas be set aside?

Answer 2

1) involuntariness
2) lack of jurisdiction
3) IAC
4) failure to keep the plea bargain

Question 3

can a guilty plea be used as a conviction in other proceedings (ie–as the basis for a sentence enhancement)?

Answer 3

yes, but only when relevant

Question 4

does a guilty plea admit the legality of incriminating evidence or waive 4th amendment claims in later civil damages action?

Answer 4

no