Also known as: pleas · criminal plea · guilty plea
Written by attorneys · grounded in primary & secondary sources — see below
A formal response by a defendant in a criminal case to the charges brought against the defendant. The response may take the form of guilty, not guilty, or nolo contendere and determines whether the case proceeds to trial or resolves by conviction.
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Pablo Perez was charged with securities fraud. He entered a guilty plea at arraignment but later withdrew it after the court suppressed key prosecution evidence. In a subsequent civil suit brought by investors, the plaintiffs sought to introduce the withdrawn plea to prove liability. The court excluded the evidence because the rule bars use of a withdrawn guilty plea against the defendant who entered it.
Patrick Phan was prosecuted for theft. He entered a guilty plea that the court accepted. When the state later brought a related charge arising from the same conduct, the court treated the accepted plea as a conviction that barred the second prosecution under double-jeopardy principles.
Paula Pierce faced criminal charges arising from a workplace incident. She told her lawyer she wanted a jury trial to clear her name and refused any plea. The lawyer later accepted a plea offer after speaking only with her employer. The disciplinary authority found the lawyer violated the duty to abide by the client's decision on whether to plead guilty.
Phuong Pham refused to enter any plea at arraignment. The court entered a plea of not guilty on her behalf and set the case for trial, allowing the prosecution to proceed without a formal admission or waiver of rights.
Pierce Patterson made statements during plea negotiations with prosecutors. He later signed a knowing and voluntary waiver allowing those statements to be used for impeachment. At trial the prosecutor introduced the statements after Patterson testified inconsistently, and the court admitted them under the waiver.
Perry Pratt entered a guilty plea that the court later permitted him to withdraw. In a follow-up civil action the opposing party offered the withdrawn plea as an admission. The court excluded the evidence because the rule bars admission of a guilty plea that was later withdrawn.
A defendant may plead guilty, not guilty, or nolo contendere. A guilty plea admits the charges and waives trial rights. A not-guilty plea preserves all defenses and requires the prosecution to prove its case. A nolo contendere plea allows sentencing without an admission of guilt but carries the same sentencing consequences as a guilty plea.
Supporting sources
…Dorland's Illustrated Medical Dictionary 1261 (24th ed. 1965). [^maj-21]: E. Coke, Institutes III 50; 1 W. Hawkins, Pleas of the Crown, c. 31, § 16 (4th ed. 1762); 1 W. Blackstone, Commentaries 129-130; M. Hale, Pleas of the Crown 433 (1st Amer. ed. 1847). For discussions of the role of the quickening concept…
…of a Nation where new dimensions of freedom become apparent to new generations, often through perspectives that begin in pleas or protests and then are considered in the political sphere and the judicial process. This dynamic can be seen in the Nation’s experiences with the rights of gays and lesbians. Until the…
…and H.R. 11508, 72d Cong., 1st Sess., ser. 12 (1932) 97-104; Sen. Rep. No. 530, 72d Cong., 1st Sess. (1932) 4-6; Collier, A Plea Against Jurisdiction Because of Diversity (1913) 76 Cent. L.J. 263, 264, 266; Frankfurter, supra note 6; Ball, supra note 6; Warren, Corporations and Diversity of Citizenship (1933) 19…
…the Council had not issued any such permits at the time this dispute arose. Petitioner filed this action in the Court of Common Pleas, alleging that the restrictions on the use of his property effected a taking of his property without just compensation. The trial court agreed, finding that the Act rendered Lucas's parcels…
…a position of responsibility on the White House staff or the Committee for the Re-election of the President. Colson entered a guilty plea
Evidence of a withdrawn guilty plea, a nolo contendere plea, or statements made during plea discussions that did not result in a guilty plea is inadmissible against the defendant in a later civil or criminal case. The rule protects the plea process by preventing later use of statements made to facilitate negotiation.
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In a criminal case the client alone decides whether to plead guilty. The lawyer must consult with the client and abide by that decision. A lawyer who accepts a plea without the client's authorization violates the allocation of authority between lawyer and client.
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A guilty plea accepted by the court counts as a conviction if it has not been reversed or vacated. The plea bars a subsequent prosecution for the same offense even if judgment has not yet been entered, provided the failure to enter judgment was not caused by the defendant's own motion.
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The court must enter a plea of not guilty. This preserves the defendant's right to trial and prevents the case from stalling when the defendant declines to respond.
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