Most defendants prefer to accept a plea deal rather than risk losing at trial. However, to get the lenient treatment that comes with most plea deals, the defendant must first admit that he is guilty of the charges or that the prosecutor has sufficient facts to find him guilt if the matter is brought to trial.
Defendants will occasionally make futile attempts to have it both ways–getting the cushy plea deal while refusing to admit anything.
Here’s how the scenario plays out.
The defendant will be called before the court and the clerk will tell the judge that there is plea for his consideration.
The judge must be satisfied (per criminal procedure rule 12) that the plea terms are reasonable and that the defendant is “knowingly and willingly” tendering the plea.
The judge will ask the prosecutor to “recite the facts of the case.” This typically amounts to the prosecutor summarizing or speed reading the police report to the judge. When the prosecutor is done with this recitation, the judge will turn to the defendant and say “do you admit to those facts?”
If the defendant says “yes” the judge is likely to sign his approval to the plea agreement and dispose of the case according to its terms.
If, however, the defendant denies the allegations or equivocates about key facts, the judge will almost certainly reject the plea and the case will be scheduled for trial.
Under no circumstances should a defendant falsely plead guilty or admit to criminal allegations that aren’t true.
But for those defendants who wish to benefit from a good plea deal when its offered, you should understand that the plea hearing is no place to argue your case.
Law Office of Justin R. McCarthy 