Pleas**

Question 1

Advising Ds of the Charge, potential penalty, and their rights

Answer 1

1) Guilty plea must be voluntary and intelligent.
2 Must be on the record
3) Judge must make sure D knows and understands things such as (1) nature of the charge and crucial elements of it; (2) Max possible penalty and mandatory minium; (3) that D has a right to plead not guilty and if they do plead guilty, the waive the right to trial

Attorney may also inform D, not necessairly judge

Question 2

Remedy for failure to meet plea advise reqs

Answer 2

Withdrawl of the plea and pleadind anew

Question 3

plea can be set aside for:

Answer 3

1) involuntariness
2) Lack of jurisdiction
3) ineffecitve assistance of counsel
4) failure to keep plea bargain

Question 4

Plea bargaining

Answer 4

Will be enforced against prosector and the D, BUT NOT AGAINST THE JUDGE. Judge doesn’t need to accept.

Not involuntarily meerly b/c threat to charge with more serious crimes.

Question 5

Collateral Effects of Guilty Pleas

Answer 5

May be used as a conviction in other proceedings when relevant (such as basis for sentencing enhancment).

However, gulty plea neither admits the legality of incriminating evidence nor waives 4A claims in a subsequent civil damages action.