Guilty Pleas and Plea Bargaining

Question 1

Valid Guilty Plea

Answer 1

Judge must establish that it is

• VOLUNTARY AND INTELLIGENT. i.e., Def must understand:
  (1) nature of the charges, and
  (2) consequences of the plea (waiver of right to plead not guilty; waiver of right to trial)

Question 2

Withdrawing Guilty Plea

Answer 2

Withdrawal of guilty plea ONLY if:

1. Plea was involuntary
2. Jurisdictional defect
3. Ineffective assistance of counsel
4. Prosecutor breaches bargain