Guilty Pleas Flashcards
List three of the admonishments that the Court should give Joe before accepting his guilty plea.
Joes must be admonished regarding:
1) the possible range of punishment for the crime;
2) the fact that the recommendation of the prosecutor is not binding;
3) Pleading guilty leads to limited rights to appeal - if the judge does not exceed recommended sentence and it was not raised in pretrial motion, he cannot appeal without court’s permission; and
4) A guilty plea can lead to deportation for a citizen.
Arnie decides to plead guilty. Halfway through the guilty plea proceeding and after Arnie has pleaded guilty he tells the Court. “I do not want to enter a guilty plea any more. I want to take it back.” Can Arnie withdraw his guilty plea? Explain you answer.
Yes. Arnie can withdraw his guilty plea up to the point that a judgment has been pronounced or the case has been taken under advisement.
You and Prosecutor reach a plea agreement that provides for a sentence of probation. When you present the plea agreement to Wilma, she asks you if probation is guaranteed. What is you answer to Wilma’s question?
No, probation is not guaranteed. The Court is not obligated to impose the agreed upon sentence before the plea is entered. If the Court refuses to follow the recommendation, it must allow Wilma to withdraw her guilty plea in the felony case.
Assume that Troy can and does withdraw his guilty plea. Is Troy’s guilty plea admissible at his trial as evidence of his guilt? Explain fully.
No. A plea of guilty that is later withdrawn is not admissible against the defendant as evidence of his guilt at later proceedings. [Remember that Plea Negotiations are inadmissible too].
