Guilty Pleas and Plea Bargaining

Question 1

What requirements are involved in taking a plea?

Answer 1

Judge must determine the plea is voluntary and intelligent by addressing the defendant personally in open court on the record. Judge must be assured that the defendant understands the nature of the charge, the crucial elements of the crime, the maximum penalty and mandatory minimums, the right not to plead guilty and right to trial. Sufficient if the record reflects the charge and that the attorney explained it to defendant

Question 2

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

Answer 2

withdrawal/pleading anew

Question 3

What are collateral attacks on guilty pleas after sentencing?

Answer 3

Those please that are an intelligent choice by defendant among alternatives may not be attacked but pleas can be set aside for involuntariness (failure to meet taking a plea standards), lack of jurisdiction, ineffective assistance of counsel or failure to keep the ole bargain.

Question 4

Against whom is a plea bargain enforceable?

Answer 4

Prosecutor and defendant but not judge (doesn’t have to accept)

Question 5

May a prosecutor obtain a plea by threatening to charge a more serious crime at trial?

Answer 5

yes

Question 6

What is the legal consequence of a guilty plea in other proceedings?

Answer 6

may be used as a conviction in other proceedings when relevant, but it neither admits the legality of incriminating evidence nor waives 4A claims in subsequent civil damages actions