Guilty Pleas and Plea Bargaining

Question 1

Valid Pleas

Answer 1

judge must establishe that it is voluntary and intelligent

Question 2

Plea taking colloquy

Answer 2

• To meet this standard, before accepting the plea, the judge must conduct a colloquy in open court in which she addresses on the record:
  
  • the nature of the charges, including required elements of the charged offense; and
  • the consequences of the plea, e.g., waiver of the right to plead not guilty; waiver of the right to a trial.

Question 3

Withdrawing the Plea

Answer 3

• A defendant may withdraw a guilty plea after sentencing only if:
  
  • the plea is involuntary,
  • due to a defect in the plea-taking colloquy;
  • Prevails in claim of ineffecitve counsel
  • prosecutor fails to fufill end of bargain.