Guilty Pleas, Plea Bargaining

Question 1

What are the standards req’d for taking a plea?

Answer 1

Judge must determine that the plea is voluntary and intelligent by addressing D in open court on the record. I.e., judge must make sure that D understands

• the nature of the charge & crucial elements of crime charged (Ok if counsel explains, not judge tho)
• maximum possible penalty and any mandatory minimum
• that D has right to not plead guilty and if they do plead guilty they waive right to trial

Question 2

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

Answer 2

Withdrawal of plea, and pleading anew

Question 3

What 4 reasons may a guilty plea be set aside for after sentencing?

Answer 3

• involuntariness (failure to meet standards for taking plea)
• lack of jdx
• ineffective assistance of counsel
• failure to keep the plea bargain

Question 4

What is a a guilty plea convictions affect on future proceedings?

Answer 4

Doe NOT waive rights to 4A civil damages action

Does NOT admit legality of incriminating evidence.

but MAY be used as conviction in other proceedings.