Most cases are resolved through plea negotiations. That is when the defense and the prosecution agree to a reduced charge or penalty prior to going to trial. If all criminal cases proceeded to jury trial, the system would not be able to handle the volume. Pleas are necessary for the system to keep moving. They are also often in the client's best interest.
A great criminal defense attorney is not only talented in trial, but he or she must be a good negotiator and possess the knowledge and persuasion to get their clients the best deals possible.
Good plea agreements may help accused people avoid jail or prison time. It may involve probation or a plea to a reduced charge (such as a plea to a misdemeanor where the original charge was a felony).
In cases where there is a significant chance of conviction at trial, it may be in the client's best interest to consider a plea, provided the terms and conditions of that plea are acceptible to the client.
However, when you enter a plea of guilty (admitting guilt) or no contest (not admitting guilt but conceding that the plea is in your best interest), you are giving up certain fundamental rights. The rights that you are giving up are enumerated in Florida Rule of Criminal Procedure 3.172(8).
In fact, the judge will often recite a plea colloquy, or in some cases have the accused fill out a rights waiver form (usually for misdemeanors), whereby the accused is informed of the rights that they are giving up as well as the consequences of their plea.
In accepting a plea of guilty or no contest to a criminal charge, the Judge will place the accused under oath and address the accused personally to determine that he or she understands:
(1) the nature of the charge to which the plea is offered, the maximum possible penalty, and any mandatory
minimum penalty provided by law;
(2) if not represented by an attorney, that the defendant has the right to be represented by an attorney at every stage of the proceeding and, if necessary, an attorney will be appointed to represent him or her;
(3) the right to plead not guilty or to persist in that plea if it has already been made, the right to be tried by a jury, and at that trial a defendant has the right to the assistance of counsel, the right to compel attendance of witnesses on his or her behalf, the right to confront and cross-examine witnesses against him or her, and the right not to testify or be compelled to incriminate himself or herself;
(4) that upon a plea of guilty, or nolo contendere without express reservation of the right to appeal, he or she gives up the right to appeal all matters relating to the judgment, including the issue of guilt or innocence, but does not impair the right to review by appropriate collateral attack;
(5) that if the defendant pleads guilty or is adjudged guilty after a plea of nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he or she waives the right to a trial;
(6) that if the defendant pleads guilty or nolo contendere, the trial judge may ask the defendant questions about the offense to which he or she has pleaded, and if the defendant answers these questions under oath, on the record, and in the presence of counsel, the answers may later be used against him or her in a prosecution for perjury;
(7) the complete terms of any plea agreement, including specifically all obligations the defendant will incur as a result;
(8) that if he or she pleads guilty or nolo contendere, if he or she is not a United States citizen, the plea may subject him or her to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service. It shall not be necessary for the trial judge to inquire as to whether the defendant is a United States citizen, as this admonition shall be given to all defendants in all cases; and
(9) that if the defendant pleads guilty or nolo contendere, and the offense to which the defendant is pleading is a sexually violent offense or a sexually motivated offense, or if the defendant has been previously convicted of such an offense, the plea may subject the defendant to involuntary civil commitment as a sexually violent predator upon completion of his or her sentence. It shall not be necessary for the trial judge to determine whether the present or prior offenses were sexually motivated, as this admonition shall be given to all defen- dants in all cases.
(10) that if the defendant pleads guilty or nolo contendre and the offense to which the defendant is pleading is one for which automatic, mandatory driver‘s license suspension or revocation is required by law to be imposed (either by the court or by a separate agency), the plea will provide the basis for the suspension or revocation of the defendant‘s driver‘s license.
Before accepting a defendant‘s plea of guilty or nolo contendere to a felony, the judge must inquire whether counsel for the defense has reviewed the discovery disclosed by the state, whether such discovery included a listing or description of physical items of evidence, and whether counsel has reviewed the nature of the evidence with the defendant. The judge must then inquire of the defendant and counsel for the defendant and the state whether physical evidence containing DNA is known to exist that could exonerate the defendant. If no such physical evidence is known to exist, the court may accept the defendant‘s plea and impose sentence. If such physical evidence is known to exist, upon defendant‘s motion specifying the physical evidence to be tested, the court may postpone the proceeding and order DNA testing.
Before the trial judge accepts a guilty or nolo contendere plea, the judge must determine that the defendant either (1) acknowledges his or her guilt or (2) acknowledges that he or she feels the plea to be in his or her best interest, while maintaining his or her innocence.
NEVER EVER enter a plea of guilty or no contest to any criminal charge without first consulting a criminal lawyer. Also, you should consult an immigration attorney as well if you are not a U.S. citizen to find out if a plea of guilty or no contest to your specific charge or charges will result in your deportation.
Eric Matheny is a criminal attorney serving Miami-Dade and Broward. He can be reached at (305) 777-3855.