Also known as: pleas of guilty · guilty plea · guilty pleas
Written by attorneys · grounded in primary & secondary sources — see below
A formal admission of guilt by a defendant in a criminal proceeding that, when accepted by the court after determining it is voluntary and supported by a factual basis, results in conviction without trial and waives most nonjurisdictional defects.
Preston Pratt entered a guilty plea to theft charges but withdrew it after the court suppressed key evidence. At trial the prosecutor sought to introduce the withdrawn plea as an admission. The court excluded the evidence because a guilty plea later withdrawn cannot be used against the defendant.
Pablo Perez pleaded guilty to misdemeanor assault and the court accepted the plea, entering a conviction. The state later attempted to prosecute him for felony assault arising from the same incident. The court dismissed the new charges because the prior guilty plea conviction that had not been reversed or vacated barred further prosecution.
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Penelope Price met with prosecutors before any formal plea offer and acknowledged certain facts while inquiring about a possible deal. The discussions produced no guilty plea. In a later civil suit the plaintiff sought to introduce her statements. The court excluded them because statements made during plea discussions that do not result in a guilty plea are inadmissible.
Pioneer Energy faced a civil suit alleging fraud. The plaintiff offered a prior federal conviction for wire fraud that had been entered after the company pleaded guilty. The court admitted the judgment to prove an essential fact because the conviction followed a guilty plea, involved a felony punishable by more than one year, and was offered for a proper purpose.
Paula Pierce pleaded guilty to a drug offense after her attorney advised her that the sentencing judge could find the drug quantity. The judge imposed an enhanced sentence based on that finding. The court upheld the sentence because the guilty plea constituted a valid waiver of the right to have a jury determine facts that increase the maximum penalty.
Pedro Pacheco pleaded guilty after counsel failed to investigate an available defense and advise him of its strength. He later sought to vacate the plea. The court granted relief because counsel's omission fell below the standard of reasonable professional assistance and prejudiced the defendant by depriving him of the opportunity to make an informed choice.
The court must address the defendant personally in open court and confirm that the plea is voluntary and not the result of force, threats, or improper promises. The court must also ensure there is a factual basis for the plea before entering judgment.
A defendant may withdraw a guilty plea before sentencing for any fair and just reason or after sentencing only if the plea was not knowing and voluntary or if there is another fundamental defect.
A valid guilty plea waives nearly all nonjurisdictional defects, including claims that evidence should have been suppressed, but it does not waive challenges to the voluntariness of the plea itself or to the court's jurisdiction.
A guilty plea is not involuntary merely because the defendant chose it to avoid the risk of a more severe penalty after trial, provided the plea is otherwise knowing and voluntary.
…a position of responsibility on the White House staff or the Committee for the Re-election of the President. Colson entered a guilty plea on another charge and is no longer a defendant. [^maj-5]: The President entered a special appearance in the District Court on June 6 and requested that court to lift its protective order…