Guilty Pleas and Plea Bargaining

Question 1

Will a court disturb guilty pleas?

Answer 1

Generally no.

Question 2

If a defendant pleas guilty what must the judge do?

Answer 2

Address the defendant on the record about the following:

Nature of the charge, maximum authorized penalty, any mandatory penalty, right to plead not guilty and demand a trial, and all this must be on the record

Question 3

What are “good” bases for withdrawing a guilty plea after sentencing?

Answer 3

1. Plea was involuntary
2. Lack of jurisdiction
3. Ineffective assistance of counsel
4. Failure of the prosecutor to keep agreed upon bargain.

Question 4

Is a threat by the prosecutor to charge defendant with a more serious crime if he does not plea guilty an involuntary plea agreement?

Answer 4

No.