Guilty Pleas and Plea Bargaining

Question 1

Guilty Pleas

Answer 1

Supreme Court will not disturb after sentencing

Question 2

Plea Taking Ceremony

Answer 2

If defendant plead guilty judge must specifically address the following: nature of the charges, maximum authorized penalty and mandatory minimum penalties, right to plead not guilty

ALL MUST BE ON RECORD

Question 3

Withdrawing Guilty Plea After Sentencing

Answer 3

Plea was involuntary (mistake in plea taking ceremony), Lack of Jurisdiction, Ineffective Counsel, Failure of Prosecutor to keep agreed upon plea bargain.

no involuntary if made in response to threat to defendant of more serious crime.