Most criminal cases end when the defendant (the person accused of a crime) pleads guilty. Guilty pleas are usually favored by everyone involved - each side gets some benefit: A trial isn't added to the judge's already-busy court schedule; the prosecution gets a conviction, and the defendant gets some favored treatment, like a sentence that's less than the one he'd probably get if he went to trial and lost.

Pleading guilty comes at a cost, though. A defendant gives up a lot of important rights, like a jury trial and confronting witnesses. It also means conviction and punishment. Guilty pleas are serious business; they must be entered into voluntarily or else they're invalid. A defendant can't be tricked into or forced to enter a guilty plea; it has to agree to it by his own choice and free will.

Coercion

A guilty plea is involuntary when it's entered by a defendant because of threats made against him, or perhaps someone else he knows; or because he was motivated or "induced" to enter it by improper promises made to him. Some examples of when threats and promises may make a guilty plea involuntary include situations when:

  • A defendant's attorney threatens withdraw as counsel and a family member threatens to withdraw bail if he doesn't plead guilty
  • The prosecution knows that it doesn't have probable cause to believe that a defendant actually committed a crime but threatens to prosecute him unless he pleads guilty
  • The prosecution threatens to prosecute a member of the defendant's family, even though it doesn't have probable cause to believe that the family member committed a crime, unless the defendant pleads guilty
  • The prosecution promises the defendant that he'll get a certain sentence or punishment if he pleads guilty but the prosecution knows or has a good reason to believe that the judge won't give the defendant the promised sentence

There are many threats and promises, however, that won't make a plea involuntary. For example:

  • The prosecution usually may promise a defendant that it will charge defendant with some charges in exchange for a guilty plea on other charges
  • If the prosecution has probable cause to believe that a family member committed a crime, it may promise a defendant not to charge that family member with a crime in exchange for the defendant's guilty plea. Or, it may threaten not to offer the family member a plea deal unless the defendant also agrees to a plea deal
  • The prosecution generally may promise a defendant that it will recommend, or agree not to fight the defendant's request, for a certain sentence

Other Factors of Voluntariness

Aside from promises and threats, there are other key circumstances that may make a guilty plea involuntary, such as:

  • The prosecution delays showing the defendant evidence that tends to show that he didn't commit the crime (or conceals it altogether)
  • The defendant doesn't think his attorney is prepared for trial and so he agrees to a last-minute plea deal, or the attorney has a conflict of interest, and so the defendant's guilty plea is involuntary because he didn't have the effective assistance of counsel. An example is when his attorney is representing the defendant's "co-defendants" who are charged with participating in the same crime with the defendant
  • The judge assigned for the hearing to approve the defendant's guilty plea was involved extensively in the plea negotiations, or maybe even came up with the plea deal itself, and the defendant fears the judge's retaliation if he doesn't take the deal
  • The defendant isn't mentally competent at the time he agrees to the plea, for example, due to a developmental disability, intoxication or influence of narcotics

What Happens

What happens if a judge agrees with a defendant and finds that his guilty plea was involuntary? Most often, he's allowed to "withdraw" or revoke his plea, and his conviction and/or sentence is thrown out. This doesn't necessarily mean he goes free. Typically what happens is there's a jury trial to decide if he's guilty. Or there could be a new plea deal. Likewise, there may be a new sentencing hearing so that his sentence matches the plea agreement.

It's All in the Facts

There are no hard-and-fast rules about what kinds of promises, threats, or other coercive activities makes a plea involuntary. As you can see, whether a particular guilty plea is invalid because it was made involuntarily will depends on your case's facts. If you think your plea was involuntary, you should talk to an attorney immediately. She has the experience that can help you determine if your guilty plea is valid.

Questions for Your Attorney

  • A judge agreed with me and found that my guilty plea was involuntary because the prosecutor made improper threats. At trial, can the prosecutor tell the jury about the plea?
  • If I'm allowed to withdraw an involuntary plea, does the state have to bargain with me for a new one? 
  • During my plea negotiations the prosecutor said if I went to trial and got convicted I'd likely get 5 years in jail and "no one would be around to look out for my family." I took the plea deal he offered because I was afraid the police wouldn't protect my family if I didn't take the deal. Was that coercion?