Guilty Pleas: What You Can Expect in Court

One key Supreme Court case describes your rights and what you can expect if you make a guilty plea in court. In Brady v. United States, 397 U.S. 742 (1970), the Court considered whether the guilty plea of a defendant who changed his plea due to new information about his co-defendant was voluntary. In doing so, the Court explained how to evaluate whether a guilty plea is voluntarily, intelligently, and knowingly made.

Guilty pleas are not voluntary if they are “induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by promises that are by their nature improper as having no proper relationship to the prosecutor’s business (e.g. bribes).” Id. at 755 (internal citations omitted). Courts considering a challenge to a plea must consider all the relevant circumstances of the plea, including occurrences outside of the courtroom.

As to whether a plea is intelligently and knowingly made, the Brady Court said that a defendant must be advised by competent legal counsel, be made aware of the nature of the charge against him, and be in control of his mental faculties when he makes the plea. Id. at 756. Defendants who show that they not have the mental capacity to understand the nature of the charges against them may be able to withdraw a plea.

Defendants who enter a plea in court (whether guilty or not guilty) will be questioned by the judge to establish in the court reporter’s transcript of the proceedings that the plea was voluntarily and intelligently made. Usually this requires the judge to read into the record (announce to the court and defendant) all of the charges and relevant laws that the defendant is accused of violating. Then the judge will question the defendant about his understanding of the charges against him and the possible sentence if he pleads guilty. The judge may ask the defendant’s lawyer whether he advised the defendant of certain rights or punishments. If the judge is satisfied that the defendant understands the consequences of pleading guilty, he will accept the plea.

Worried about entering a plea for your DUI charges? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, can advise you on the sentence and penalties you may face if you plead guilty. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.