Criminal Procedure: Guilty Pleas/Plea Bargaining

Guilty Pleas/Plea Bargaining

    • SCOTUS will not disturb guilty pleas after sentence, and
    • SCOTUS has adopted the contract theory of plea bargaining –
      • Plea bargains are treated like contracts.
    • Taking the plea
      • If D pleads guilty, the judge must tell D on the record:
        • The nature of the charge
        • The max. authorized sentence and any mandatory min. sent.
        • That D has a right to plead not guilty and ask for a trial
      • If mistake in plea taking – D can withdraw and plead again.
    • Good basis for withdrawing plea after sentence:
      • Plea was involuntary
      • The court that took the plea lacked the jurisdiction to do so
      • IAC
      • **Failure of the prosecution to keep an agreed upon plea bargain**