Pre-Trial Issues: Pleas

Question 1

Factual Basis For guilty plea

Answer 1

defendant must assert that he is pleading guilty b/c he is guilty and for no other reason, not the same for federal

Question 2

Waiver of Rights with guilty plea

Answer 2

voluntary and a knowing waiver of defendant’s rights

Question 3

Guilty Plea waives certain rights (5)

Answer 3

(1) privilege against self-incrimination
(2) right to a jury trial
(3) right to confront adverse witness
(4) right to call witnesses on his own behalf
(5) right to be convicted by proof beyond a reasonable doubt

Question 4

Texas Felony Guilty Plea - Court must determine (10)

Answer 4

(1) competent
(2) voluntary
(3) knowingly waiving right
(4) knows that any recommendation by prosecutor is not binding
(5) right to appeal is restricted
(6) whether court intends to follow plea agreement
(7) punishment range
(8) Possibility of deportation
(9) whether notice has been given to victim or close relative of deceased victim
(10) acknowledgement by both parties of the disclosure and receipt of all documents provided by state to the defendant.