What Happens When You Plead Guilty?

Pleading guilty is a big step in a criminal case. The defendant admits to the charges and gives up their right to a trial and the right to make the prosecution prove the allegations beyond a reasonable doubt. It's very difficult to unwind a guilty plea, so the judge will generally follow certain steps to make certain the defendant understands what's happening.

What Does It Mean to Plead Guilty?

Pleading guilty means the defendant admits to committing the crime and will be convicted on those charges. After pleading guilty, the judge sentences the defendant. The process that plays out in court won't be this cut and dry. Most often, it will involve a plea deal being made by counsel, the defendant pleading guilty in court, the judge asking questions of the defendant, and the judge accepting the plea and convicting the defendant.

What Happens in Court When You Plead Guilty?

Once a plea deal is worked out, the prosecution and defense will arrange a court hearing and inform the judge about the agreement. In-custody defendants (those sitting in jail) may be brought to court soon after the agreement is reached for a special hearing in which the judge takes the plea. Otherwise, the taking of the plea (and sometimes sentencing) will occur at the next scheduled hearing. Depending on when the deal is struck, the next scheduled appearance may be the arraignment, preliminary hearing, or trial.

Assuming the judge accepts the deal or suggests changes that are satisfactory to both sides, the judge will hear the guilty or no-contest plea in open court so it becomes part of the official court record.

What Is a Plea Colloquy?

Even if the deal seems fair, judges typically engage defendants in a courtroom "colloquy" (a verbal exchange) to make sure that defendants:

• have committed the offenses to which they are pleading guilty, and
• understand what rights they are giving up.

The plea colloquy is a fairly lengthy set of questions asked by the judge to make these determinations. Ultimately, the judge shouldn't accept a guilty plea unless the defendant makes it knowingly, intelligently, and voluntarily.

What Is a Knowing and Intelligent Guilty Plea?

For a "knowing and intelligent" guilty plea to be made, defendants have to:

• admit the conduct made punishable by the law
• admit and understand the charges against them, and
• know the consequences of the plea (both the sentence as it stands and the possible sentences that could be given were the defendant to have a trial).

Judges must also make sure defendants know and understand the rights that they are waiving (giving up) by pleading guilty, including:

• the right to a speedy and public trial
• the right to a jury trial
• the right to have the prosecution establish guilt beyond a reasonable doubt
• the right to confront and cross-examine the prosecution's witnesses
• the right to present their own witnesses, and
• the right to testify or remain silent.

In some courts, defendants who are pleading guilty are asked to fill in or sign a form waiving their rights.

The court may also advise defendants of other possible consequences of a guilty plea, such as immigration and deportation consequences, forfeiture of property, disqualification of government benefits, loss of professional licenses, and more.

Example of a Plea Colloquy in Court

Let's assume the Deputy Public Defender and Assistant District Attorney (D.A.) have agreed on the plea bargain in the Defendant's case, and the Defendant approves the deal. Here's a shortened version of how the plea colloquy might play out in the courtroom.

Clerk: "Court is now in session, the Honorable Judge Jones presiding."
Judge: "In the matter of the State v. Defendant, Mr. Defendant, how do you plead?"
Defendant: "Guilty, your Honor."
Judge: "Counsel, have you reached a settlement?"
D.A.: "Yes, your Honor. The people have agreed to time served and probation, as long as the Defendant completes an approved anger management course."
Judge: "Mr. Defendant, do you know that by pleading guilty you lose the right to a jury trial?"
Defendant: "Yes, your Honor."
Judge: "Do you give up that right?"
Defendant: "Yes, your Honor."
Judge: "Do you understand what giving up that right means?"
Defendant: "Yes."
Judge: "Do you know that you are waiving the right to cross-examine your accusers?"
Defendant: "Yes."
Judge: "Do you know that you are waiving your privilege against self-incrimination?"
Defendant: "Yes."
Judge: "Did anyone force you into accepting this settlement?"
Defendant: "No."
Judge: "Are you pleading guilty because you in fact struck the victim without legal provocation?"
Defendant: "Yes."
Judge: "Mr. Defendant, you are hereby sentenced to 12 hours in jail, which you have already served, and to two years' probation, on condition that you complete a court-approved anger management course."

What Happens After Pleading Guilty?

Assuming the defendants' answers are satisfactory, judges typically accept the deal and enter the conviction. In some cases, a judge may consult with the crime victim, ask a probation officer to prepare a presentence report, and listen to arguments from both the defense and prosecution before making sentencing decisions.

The judge might sentence the defendant at the same hearing (which is typical in some less serious cases) or at a later sentencing hearing.

Can a Defendant Change Their Mind?

It's possible to withdraw a guilty plea, but it becomes more and more difficult the longer the defendant waits. If the judge hasn't accepted the plea, the defendant should be able to withdraw it. A judge might also allow withdrawal prior to sentencing or if the judge rejects the negotiated sentence. But once sentenced, the defendant must prove withdrawal is necessary to correct a manifest injustice—a high bar to prove.

Working With Your Lawyer

The defendant is the only one who can agree to a plea deal. The defense attorney will negotiate on the defendant's behalf and give the defendant advice to help the defendant reach a decision. It's important to communicate with your lawyer, ask questions, and make sure to understand what the deal means in terms of present and future consequences.

Parts of this article were excerpted from The Criminal Law Handbook, by Paul Bergman, J.D., and Sara J. Berman, J.D.