Guilty Pleas and Plea Bargaining

Question 1

For a Guilty Plea to be Valid

Answer 1

The judge must determine that the plea is voluntary and intelligent. This must be done by addressing the defendant personally in open court on the record (plea taking colloquy).

The judge must be sure that the defendant knows and understands:

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 minimum

3) the consequences of the plea - that the defendant has a right not to plead guilty and that if they do, they waive the right to trial

NOTE - the judge need not explain the elements to the defendant on the record, it is sufficient that the record reflects the nature of the charge and the elements of the crime were explained to the defendant by their own counsel.

Question 2

Remedy for Invalid Plea

Answer 2

If a plea fails to meet the standards for meeting a plea, it is withdrawn and pleading anew

Question 3

Collateral Attacks on Guilty Pleas After Sentence

Answer 3

Once a defendant has pled and sentenced, it is difficult to withdraw the plea.

However, they can be set aside for the following:

– The plea was involuntary due to a defect in the plea taking colloquy
– The court lacked jurisdiction to take the plea
– the defendant prevails on a claim of ineffective assistance of counsel
– Prosecutor fails to fulfill their part of the plea bargain