Pleas

Question 1

What percentage of cases get plead out?

Answer 1

90-95%

Question 2

What are the conditions for the prosecutor to bargain with defense counsel or unrepresented defendant?

Answer 2

1) Bargain is placed on the record

2) Court is informed about D’s background to ensure voluntariness.

Question 3

What are a defense counsel’s responsibilities with respect to a plea?

Answer 3

1) Must get the D’s consent to plead

2) Must advise D of all offers

Question 4

True or False: Judge can accept or reject the plea bargain.

Answer 4

True

Question 5

What is the arraingment?

Answer 5

Court proceeding where the defendant pleads to the charges.

Question 6

What are a defendant’s option to plead?

Answer 6

1) Guilty
2) Not Guilty
3) Nolo Contendere (Not an admission of guilty)

Question 7

Must an arraignment occur?

Answer 7

No the defendant can waive it and file a written plea but it must be voluntary.

Question 8

Must a defendant be present to plead?

Answer 8

Generally Yes

With misdemeanor can be tried absentia if court agrees.

Question 9

What findings is a court required to make to accept a plea?

Answer 9

1) Factual basis for the plea exists

2) The plea must be voluntary

Question 10

What is the event where the judge asks defendant questions about the plea?

Answer 10

Plea colloquy

Question 11

What is discussed at the Plea Colloquy?

Answer 11

Court tells D:

1) Right to counsel
2) D has the right to confront and cross examine a witness
3) pleading guilty or nolo contendere waives the right to appeal except collateral attack and habeas corpus
4) pleading guilty or nolo waives trial and jury
5) By pleading guilty Court will ask D questions under oath that can be used against D in a later proceeding
6) All terms of plea /length of incarceration known by D
7) Plea may subject non citizen to deportation

Question 12

True or False: Pleading guilty or nolo contendere waives the right to appeal.

Answer 12

True but not waive collateral attack or habeas corpus

Question 13

True or False: A guilty or nolo plea waives a trial and jury.

Answer 13

True

Question 14

True or False: In pleading guilty, Court cannot use D’s answers to questions under oath in a later proceeding.

Answer 14

False

Question 15

True or False: Guilty please can subject defendant to deportation.

Answer 15

True

Question 16

To plead, does Defendant have to acknowledge guilt?

Answer 16

No - just that the weight of evidence is against them.

Question 17

Withdraw of a plea

Answer 17

Generally within the court’s discretion - if good cause is shown, the court can allow it.

Question 18

True or False: Objections to irregularities in the arraignment are waived by a plea.

Answer 18

True

Question 19

When can arraignment occur?

Answer 19

Anytime after the defendant is formally charged.

Question 20

What happens if Def. stands mute or evasive?

Answer 20

Plea of not guilty is entered

Question 21

Can a D plea to charges against him in the state?

Answer 21

Yes so long as the court has jurisdiction and other prosecutors consent.

Question 22

True or False: If a defendant pleas guilty but maintains innocence, it is sufficient that he acknowledge that the plea is in his best interest.

Answer 22

True

Question 23

When can a court permit a withdraw of a plea?

Answer 23

For good cause before sentencing

Question 24

If the judge refuses to go along with the plea, what can the defendant do?

Answer 24

Withdraw the plea

Question 25

Can evidence of a guilty plea be used at trial?

Answer 25

No

Question 26

If a defendant pleads guilty or nolo and does not reserve the right to an appeal what can they do?

Answer 26

File a motion to withdraw the plea within 30 days after sentence due to smj; violation of plea; sentencing error)

Question 27

Can a D who files guilty plea with draw it after successful completion of a drug program?

Answer 27

Yes

Question 28

Who makes the final call regarding sentencing?

Answer 28

The judge

Question 29

What can P offer D for guilty plea or nolo?

Answer 29

Drop charges or recommend a sentence

Question 30

Must the prosecutor inform judge of all evidence that might exonerate D?

Answer 30

Yes

Question 31

True or False:P must record plea discussion with unrepresented D and provide it to the judge.

Answer 31

True

Question 32

What does a breach of the plea agreement by P entitled to?

Answer 32

New Trial or sentencing hearing.

Question 33

If D violated plea agreement, what can P do?

Answer 33

Move to vacate the plea within 60 days of the breach.

Question 34

Must D be present for first apperance?

Answer 34

Yes physically or electronic audi/visual

Question 35

Must D be present for arraignment?

Answer 35

Yes unless a written not guilty plea is filed

Question 36

Must D be present at pretail conference?

Answer 36

Yes unless waived

Question 37

Must D be present at all proceedings in front of jury?

Answer 37

Yes

Question 38

Must D be present at evidentiary proceedings outside the jury?

Answer 38

Yes

Question 39

Must D be present at viewings by the Jury?

Answer 39

Yes

Question 40

Must D be present at rendition of verdict and sentencing?

Answer 40

Yes

Question 41

If D voluntarily leaves the trial at anytime, can the trial continue?

Answer 41

Yes

Question 42

Can a disruptive D be removed?

Answer 42

Yes

Question 43

True or False: When charged with a misdemeanor, D may seek leave not to appear in any proceeding.

Answer 43

True