Guilty Pleas and Plea Bargaining Flashcards

1
Q

General Rule

A

a court will not disturb guilty pleas after sentencing

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2
Q

If a D pleads guilty, the judge must specifically address the D on the record about the following:

A

1-the nature of the charge; and
2-the judge must tell the D the maximum authorized penalty and any mandatory minimum penalty; and
3-the judge must tell him that he has a right to plead not guilty and to demand a trial; and
4-all of this must be on the record

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3
Q

4 Good Bases for withdrawing a guilty plea after sentence

A

1-the plea was involuntary
2-lack of jurisdiction
3-ineffective assistance of counsel
4-failure of the prosecutor to keep an agreed upon plea bargaining

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