Also known as: Federal Rule of Criminal Procedure 11 · Rule 11 · Fed R Crim P 11 · FR Crim P 11
Written by attorneys · grounded in primary & secondary sources — see below
A federal rule of criminal procedure that sets the procedures for guilty pleas. The rule requires the court to address the defendant personally to confirm that the plea is voluntary and knowing and to establish a factual basis for the plea. It also governs the court's handling of plea agreements by specifying when the court may accept, reject, or defer decision on the agreement.
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Patricia filed an answer for Nova Build denying receipt of warnings from the structural engineer. She made the denial without checking project emails or texts. After notice the court found the denial lacked support and imposed sanctions on Patricia and her firm.
Valley Harvest was served with a state-court complaint. Within thirty days it filed a notice of removal in federal court that contained a short statement of grounds but omitted the summons. The court granted remand because the notice failed to include all required process.
A defendant entered a guilty plea without full advice on appeal rights. On appeal the court applied plain-error review and examined whether the omission affected substantial rights and the fairness of the proceedings.
The prosecutor promised a specific sentence recommendation in exchange for a guilty plea. At sentencing the prosecutor recommended a harsher term. The court vacated the plea because the broken promise rendered it involuntary.
Counsel failed to advise a noncitizen defendant that a guilty plea would trigger deportation. The court held that the omission constituted ineffective assistance and allowed withdrawal of the plea.
A defendant accepted a plea agreement that waived receipt of impeachment information. The court upheld the waiver because the plea was knowing and the withheld material did not undermine the factual basis for the plea.
The court must address the defendant personally to ensure the plea is voluntary and knowing. It must also determine that a factual basis supports the plea.
No. The rule prohibits the judge from participating in plea negotiations. Negotiations occur only between the prosecution and the defendant.
The court must inform the defendant that the agreed disposition will not be included in the judgment. The defendant may then withdraw the plea.
…755 (internal quotation marks omitted). And the required colloquy between a federal district court and a defendant required by Federal Rule of Criminal Procedure 11(b) (formerly Rule 11(c)), which we have said approximates the due process requirements for a valid plea, see Libretti v. United States , 516 U. S. 29, 49–50 (1995), does not mention…