Guilty Pleas and Plea Bargaining

Question 1

In general, what issues arise with regards to guilty pleas and plea bargaining?

Answer 1

1. Standards for taking plea
2. Collateral attacks on plea after sentence
3. Collateral effect of guilty pleas

Question 2

What are the standards for taking a plea?

Answer 2

General rule –> judge must determine that plea is VOLUNTARY and INTELLIGENT. This must be done by addressing D personally in OPEN COURT on the RECORD.

1. nature of charge (and elements)
2. maximum possible penalty and any mandatory minimum
3. that he has a RIGHT NOT TO PLEAD Guilty, and if he does, he WAIVES the right to jury trial

NOTE –> need not be judge. Could be explained by attorney, just needs to be on the record.

Question 3

What is the remedy for failure to meet standards for taking a plea?

Answer 3

withdrawal of plea and pleading anew

Question 4

What are the grounds for collateral attacks on guilty plea after sentencing?

Answer 4

If plea is voluntary and intelligent –> immune from collateral attack

Plea CAN be set aside for –>

(i) involuntariness (failure to meet standards);
(ii) lack of jurisdiction;
(iii) ineffective assistance of counsel; or
(iv) failure to keep plea bargain

Question 5

Is a guilty plea “involuntary” bc it was made in response to prosecutor’s threat to charge a more serious crime?

Answer 5

No.

Pros may charge a more serious offense when D demands a jury.

Question 6

What is the enforceability of plea bargain?

Answer 6

• Will be enforced against pros and D.

- Not enforceable against judge, who may reject plea

Question 7

May a guilty plea be used as a conviction in other proceedings where relevant?

Answer 7

Yes.

EXAMPLE –> sentence enhancement

Question 8

Does guilty plea admit legality of incriminating evidence?

Answer 8

NO.

Guilty plea neither:

1. admits legality of incriminating evidence; NOR
2. waives 4th amendment claims in subsequent civil damages action