Also known as: guilty plea · guilty-plea · plea of guilty · guilty plea agreement
Written by attorneys · grounded in primary & secondary sources — see below
A defendant's formal admission of guilt in a criminal proceeding. The admission must be knowing, voluntary, and supported by a factual basis before the court may accept it and enter judgment.
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Gloria Green entered a guilty plea to environmental crimes at a formal hearing but withdrew it before judgment after key evidence was suppressed. Glacier Energy later sued her for breach of contract and sought to introduce her sworn admissions from the plea hearing. The court excluded the statements because they stemmed from a withdrawn guilty plea.
Gustavo Gutierrez accepted a guilty plea to theft charges in open court. The court entered judgment and later the state brought related charges arising from the same incident. Gutierrez moved to dismiss on double-jeopardy grounds, arguing the prior plea constituted a conviction under the applicable statute.
Gabriella Gomez met with prosecutors before any formal plea offer and acknowledged misrepresentations during what she believed were settlement talks. When the discussions produced no plea, federal authorities charged her with fraud. The government sought to introduce her statements at trial, but the court barred them as plea-discussion statements.
Gary Goldman pleaded guilty to felony securities fraud punishable by more than one year in prison. In a later civil suit, Grandview Holdings offered the judgment to prove essential facts of the fraud. The court admitted the judgment under the hearsay exception for final convictions entered after a guilty plea.
Guadalupe Gallegos entered a guilty plea to assault charges. At a subsequent trial of a co-defendant, the prosecution sought to introduce statements made during Gallegos's plea allocution. The court examined whether the statements qualified as testimonial and whether confrontation rights attached.
Gareth Glover accepted a guilty plea on counsel's advice without being informed of essential elements or rights waived. After conviction he sought post-conviction relief, claiming counsel rendered ineffective assistance by failing to provide competent advice about the plea decision.
Evidence of a guilty plea that was later withdrawn is inadmissible against the defendant who made the plea in both civil and criminal cases. The rule protects the policy of encouraging open plea negotiations by shielding defendants from later use of pleas that were never finalized.
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A guilty plea accepted by the court creates a conviction if it results in a judgment that has not been reversed or vacated or if the plea is capable of supporting a judgment and failure to enter judgment is for a reason other than the defendant's motion. This bars subsequent prosecution for the same offense.
…a position of responsibility on the White House staff or the Committee for the Re-election of the President. Colson entered a guilty plea on another charge and is no longer a defendant. [^maj-5]: The President entered a special appearance in the District Court on June 6 and requested that court to lift its protective order…
…of deceased witnesses admitted because subject to cross-examination); Kirby v. United States , 174 U. S. 47, 55-56 (1899) (guilty pleas and jury conviction of others could not be admitted to show that property defendant received from them was stolen); Motes v. United States , 178 U. S. 458, 467, 470-471 (1900) (written…
…slightly less revealing. Two experts have estimated that, of all prosecutions for crimes triable to a jury, 75% are settled by guilty plea and 40% of the remainder are tried to the court. In one State, Maryland, which has always provided for waiver, the rate of court trial appears in some years to have reached 90%. The Court…
…three capital murder charges, in the course of a 10-day crime spree in the Miami area. He was represented by counsel. After a guilty plea to the three capital murder charges and a sentencing hearing, he was sentenced to death. He sought collateral relief in state court, claiming ineffective assistance of counsel. The state…
…IV, § 3, but no other relief from sentence is available even to a rehabilitated prisoner. Immediately after accepting Helm's guilty plea, the South Dakota Circuit Court sentenced Helm to life imprisonment under § 22-7-8. The court explained: " I think you certainly earned this sentence and certainly proven that you're an…
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Statements made during plea discussions with a prosecuting attorney are inadmissible against the defendant if the discussions did not result in a guilty plea or resulted in a later-withdrawn guilty plea. The protection applies even when prosecutors characterize the meeting as a voluntary interview.
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Before accepting a guilty plea the court must address the defendant personally, confirm the plea is voluntary and not the result of force or improper promises, and determine that a factual basis exists for the plea. These safeguards ensure the plea is knowing and intelligent.
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A defendant may challenge the voluntariness of a guilty plea by showing that counsel made unfair or misleading promises about the consequences. The defendant is not bound by an in-court statement denying such promises if the claim can be proven in a collateral proceeding.
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