Matthew J. Ruff Criminal Law Blog on Lawyers.com

Los Angeles Criminal Attorney Explains The Law Of Guilty Pleas

Friday, April 29, 2011 by Matthew J. Ruff

In California and Los Angeles a criminal defendant’s guilty or no-contest plea is valid only if it is voluntarily and knowingly made. It is well settled that before accepting the plea or an admission of charged enhancements, the trial court must expressly advise the defendant and obtain his or her waiver of the constitutional rights to trial by jury, to confront and cross-examine witnesses, and against self-incrimination. The record must show explicit advisements and waivers of these constitutional rights. According to Matthew Ruff, a Los Angeles Criminal Attorney.

There is no specific formula for advising a defendant of his or her constitutional rights. All that is required is that the record must show by direct evidence, in light of the totality of circumstances, that the defendant was fully aware of these rights. However, it is best for the court to ensure that there is an adequate record for appeal and to protect the validity of a defendant’s guilty plea by making its advisements, defendant’s understanding of his or her rights, and waivers as complete and explicit as possible.

A criminal court may rely on a defendant’s validly executed waiver form as a proper substitute for a personal admonition. If the court, in questioning the defendant and defense counsel, has reason to believe the defendant does not fully comprehend his or her rights, the court must conduct further inquiry of the defendant to ensure a knowing and intelligent waiver of the defendant’s rights. Otherwise, the court need only determine whether the defendant has read and understood the contents of the form, and discussed them with defense counsel. A mere evidentiary admission by the defendant does not implicate the Boykin-Tahl requirements. A criminal conviction of the charged offense, the concerns that prompt the requirements of advice and waiver are not present.

The very crucial and important advisements and waivers are required, however, when the defendant submits a “slow plea,” i.e., an agreed-on disposition of the case that does not require the defendant to admit guilt but results in a finding of guilt

Posted at 23:27 PM

Topic: Criminal Law