Guilty Pleas and Plea Bargaining

Question 1

A plea must be what?

Answer 1

voluntary and intelligent.

Question 2

A plea is determined to be voluntary and intelligent if . . .

Answer 2

it is done in open court before the judge on the record.

Question 3

In determining the voluntariness of a guilty plea, the judge must ensure the defendant understands what?

Answer 3

the nature of the charge, the maximum penalties and the mandatory minimum, and that he has the right to plea not guilty and that if he pleads guilty, he is waiving trial.

Question 4

Must a judge personally explain the elements of each charge?

Answer 4

no, defendant’s counsel can do that. It must only be on the record that his counsel has explained the elements of each charge to his client.

Question 5

What is the remedy for failing to meet the standards for ensuring a plea of voluntary and intelligent?

Answer 5

the withdrawal of a plea and starting anew.

Question 6

A plea can be set aside for what?

Answer 6

involuntariness; lack of jurisdiction; ineffective assistance of counsel; or failure to keep the plea bargain.

Question 7

Against whom can the plea bargain be enforced?

Answer 7

the prosecutor and the defendant.

Question 8

Can a prosecutor charge the defendant with a more serious crime if the defendant demands a trial?

Answer 8

yes, there is no prosecutorial misconduct for doing so.

Question 9

Can a guilty plea be used as a conviction in other proceedings?

Answer 9

yes

Question 10

Where a defendant pleads guilty, do they admit the legality of incriminating evidence or waive 4th Amendment protections?

Answer 10

no