Guilty Pleas and Plea Bargaining

Question 1

Generally for pleas

Answer 1

Court will not disturb guilty pleas after sentancing

Question 2

If D pleads guilty, judge must address

Answer 2

1) nature of the charge
2) maximum authorized penalty
3) mandatory minimum penalty
4) right to plead not guilty and demand a trial
ALL MUST BE ON THE RECORD

Question 3

Reasons for Withdrawing a Guilty Plea

Answer 3

1) plea was involuntary meaning there was a mistake in the plea taking ceremony (prosecutions threats of charging a more serious offense does not matter)
2) lack of jxn
3) ineffective assistance of counsel
4) failure of the prosecutor to keep an agreed upon plea bargain