Guilty Pleas and Plea Bargaining Flashcards
1
Q
General Rule
A
a court will not disturb guilty pleas after sentencing
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
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