Guilty Plea
A defendant must be aware of all the rights he is
waiving before the Court will accept his guilty plea.
Simple misdemeanors can often be pleaded out
without the defendant's signature. An attorney can
take care of this with only the defendant's approval
over the phone.
Serious and aggravated misdemeanors can often be
pleaded out with a written form, bearing the
attorney's and defendant's signatures. Felonies
must be pleaded in open court.
The defendant will be made aware of all of his
constitutional rights prior to the entry of the plea.
This is done through a conference with the
defendant and his attorney. The defendant must be
aware of his right to remain silent, his right to a trial
with a jury, his right to call witnesses and use
subpoenas, and many other right guaranteed to all
defendants through the Constitution.
The Court must also determine if the defendant has
been unduly pressured into entering the guilty plea,
and whether the defendant is of sound mind and
understands the proceedings.
The defendant must be made aware of the maximum
and minimum sentences for the offense for which he
is pleading guilty.
The guilty plea proceedings will generally inform the
Court of any plea agreements that have been made
between the defendant's attorney and the
prosecutor. The Court then has the opportunity to
accept or deny the agreement.
Entering a guilty plea should always be considered
final. Please consult with an attorney before you
make this decision.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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