Pleas

Question 1

What is a plea?

Answer 1

D response to the state’s charges. In open court. Not GUilty or Guilty. State must consent to No contest plea.

Question 2

What is waived when you enter a plea?

Answer 2

You waive venue and all non jurisdictional defects regarding the charges.

Question 3

What happens when a defendant stands mute or pleads evasively?

Answer 3

Court says this is not guilty plea.

Question 4

When can entered guilty plea be changed later?

Answer 4

Guilty please can be withdrawn or changed if the court finds good cause or discretion under three instances

1) . permit withdrawal before sentence is imposed,
2) . set aside conviction based on guilty plea and allow plea of not guilty,
3) . ct may allow (with state consent) substitution of guilty plea of lesser included offense or lesser degree of offense charged.

Question 5

Can a changed guilty plea be used against the D later?

Answer 5

No it can’t be used in a trial against the D for the same charges for the same offesne.

Question 6

When is the vacating of a plea and sentence possible?

Answer 6

When the person fails to complete the specific terms that have been stated in open court.

Question 7

What does the prosecution need to do when the D is noncompliant with the specific plea agreement and they want to move to vacate the plea and sentence?

Answer 7

They get 60 days to make the motion, when D is in noncompliance, and unless D admits it, they court has to have evidentiary hearing on the issue.

Question 8

When can a plea or sentence be vacated?

Answer 8

When the court concludes that substantial noncompliance with plea agreement has occured.

Question 9

If a plea or sentence has been vacated what needs to happen?

Answer 9

Court has 90 days to set the case for trial.

Question 10

How are Plea discussions and agreements treated?

Answer 10

They are like contracts, but the trial judge has the final responsibility for sentence determination.

Question 11

Do plea discussions need to be on the record?

Answer 11

Yes, if the D is unrepresented.

Question 12

What does the prosecution need to tell the judge before the judge accepts the plea?

Answer 12

All material facts regarding the offene and the D background before accepting a plea.

Question 13

What duties do the defense counsel have to the D when there are plea agreemnts?

Answer 13

They have to tell the D everything and get full and complete consent to the terms, and they need to be certain that the D made the decision.

Question 14

What are the five things that the defense counsel MUST tell the D regarding pleas?

Answer 14

1) . all plea offers
2) . all pertinent matters regarding the choice of which plea to enter
3) . particulars concerning each plea
4) . likely results of each plea
5) . any possible alternatives for the defendant

Question 15

What does the Florida trial Judge need to do to accept a guilty or no contest plea from a D?

Answer 15

1). Make sure the D has made this plea voluntarily 2). Make sure a factual basis exists for the plea.

Question 16

What does the judge do to check the voluntariness of a plea of no contest of guilty?

Answer 16

First, place the D under oath and check if they know: the nature of the charge, the mandatory minimum and maximum penalty,
check if they know they can have a lawyer,
D knows that they can plead not guilty,
if they plead guilty or no contest then they give up their right to appeal, check if they know that by pleading guilty the D waives the right to a trial.

Question 17

What is in camera?

Answer 17

In the judges chambers.

Question 18

When can you withdraw a plea of guilty or no contest?

Answer 18

Anytime before the court accepts it.