Guilty pleas and plea bargaining

Question 1

Guilty plea

Answer 1

Judge must determine on the record that guilty plea is voluntary and intelligent
-Nature of the charge and crucial elements
-Maximum possible penalty and mandatory minimum
-Right to plead not guilty and guilty plead waives the right to trial

Nature and elements can also be explained by D’s attorney

Guilty plea can be used for sentencing purposes and for other proceedings when relevant
-Does not admit the legality of incriminating evidence nor waive 4A claims in a subsequent civil action

Question 2

Attacks on guilty pleas after sentence

Answer 2

A plead can be set aside for:
1. Involuntariness
2. Lack of jurisdiction
3. Ineffective assistance of counsel; or
4. Failure to keep the plea bargain

Question 3

Plea bargain

Answer 3

A plea bargain will be enforced against the prosecutor and the defendant, but not against the judge, who does not have to accept the plea