Most criminal cases end when the defendant (the person charged with a crime) enters a plea. In some cases she pleads guilty or admits to committing the crime in exchange for some favorable treatment from the prosecution. The prosecution's agreements to drop some charges or to let you plead guilty to a less serious crime are good examples. Sometimes you may be able to plead "no contest," or nolo contendere. This is when you don't admit to committing the crime, but you agree to let the judge punish you for the crime.
Either way, these pleas must be made "knowingly and intelligently." That's really a fancy legal way of saying that before a judge accepts your plea, she needs to make sure that you understand what you're doing. In other words, she needs to make sure that you understand the important rights you're waiving or giving up by your plea, and its consequences.
The "Discussion"
There's a specific process the courts have to follow when it comes to plea deals. This process can vary depending on whether you're in state or federal court. In general, most states follow the federal rule.
Under this rule, before your guilty or nolo contendere plea is accepted, the court must talk to you, in person and in open court. Why? To confirm that you're making the plea knowingly and intelligently. To do that, the judge must to do a number of things, such as:
- Tell you about your rights to plead not guilty; to have a jury trial; to confront and cross-examine witnesses against you and to be protected against self-incrimination
- Advise you that you're waiving all of the rights listed above (as well as others listed in the rule)
- Explain to you what charge or charges you're pleading to. Usually the judge explains to you all of the crime's essential elements you're pleading to
- Explain the maximum possible penalty, including imprisonment, fine and term of supervised release, as well as any mandatory minimum penalty, that may be imposed after your plea is accepted, and
- The terms of any plea agreement provision giving up appeal rights
In addition, during this discussion the judge makes sure your plea is voluntary; that you're making it of your own choice and free will and not as a result of force, threats or promises (other than promises in a plea agreement).
The Consequences
In addition to making sure you understand the important rights and opportunities you're giving up by pleading guilty or no contest, the judge has to make sure you understand the consequences of your plea. This is especially true for the direct consequences. These include making sure you know once the plea is accepted by the court:
- You'll be convicted of the crime to which you pleaded guilty or no contest
- The court will impose a sentence or punishment
- The sentence may be different than the one promised in the plea agreement or recommended by the prosecution if you have prior convictions, are a "career criminal" or similar things that may require a more severe sentence
- You're not eligible for parole (if this applies to your case's facts and circumstances)
If the court doesn't explain to you these direct consequences, your plea may be involuntary or made unknowingly. This may make the plea invalid.