Also known as: pleads guilty · pleaded guilty · pleading guilty · guilty plea · enter a guilty plea
Written by attorneys · grounded in primary & secondary sources — see below
A formal admission by a defendant in a criminal proceeding that the defendant committed the charged offense. The admission waives the rights to a jury trial, to confront witnesses, and to present a defense. Upon court acceptance after confirming a factual basis and voluntariness, the admission supports immediate entry of a judgment of conviction.
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Perry Pratt entered a guilty plea to securities fraud at arraignment. After the court suppressed key evidence, Pratt withdrew the plea and later entered a nolo contendere plea. In a subsequent civil action by investors, the withdrawn plea could not be offered to prove liability.
Priscilla Parks was indicted in the District of Columbia but arrested in Virginia. She executed a written statement wishing to plead guilty, waiving trial in the charging district, and consenting to disposition in the transferee district. The United States attorneys in both districts approved the transfer in writing, allowing the case to proceed in Virginia.
Pamela Phillips met with prosecutors before any formal plea offer and acknowledged misrepresentations during the discussion. The meeting produced no guilty plea. In a later civil suit, the statements made during that discussion could not be introduced against Phillips.
Priya Prasad pleaded guilty to a felony punishable by more than one year in prison. In a later civil action, the final judgment of conviction was offered to prove an essential fact underlying the offense. The judgment was admissible because it followed a guilty plea rather than a nolo contendere plea.
Pilar Pena pleaded guilty to a weapons offense. The sentencing court sought to impose an enhanced penalty based on a factual finding that the offense was committed with racial bias. The enhancement could not be imposed without a jury determination of the bias fact beyond a reasonable doubt.
Portia Price pleaded guilty to a drug conspiracy count. The district court treated the sentencing guidelines as mandatory and imposed a sentence above the guideline range. On appeal the sentence was vacated because the guidelines must be applied only in an advisory capacity after a guilty plea.
The court must confirm that the plea is knowing and voluntary and that a factual basis exists for the plea. The defendant must understand the nature of the charges, the maximum penalties, and the rights being waived. Any plea agreement must be disclosed to the court.
Supporting sources
A guilty plea waives most trial-related rights but does not automatically waive the right to appeal the sentence or certain constitutional claims. Appellate waivers are enforceable only if knowing and voluntary. Some claims, such as lack of jurisdiction, survive a guilty plea.
…an indictment charging the Lovings with violating Virginia’s ban on interracial marriages. On January 6, 1959, the Lovings pleaded guilty to the charge and were sentenced to one year in jail; however, the trial judge suspended the sentence for a period of 25 years on the condition that the Lovings leave the State and not…
…a position of responsibility on the White House staff or the Committee for the Re-election of the President. Colson enter
…filed an opinion concurring in part and dissenting in part. Marshall, J., filed a dissenting opinion. Syllabus Respondent pleaded guilty in a Florida trial court to an indictment that included three capital murder charges. In the
…pretenses and was sentenced to time served under the terms of a plea-bargaining agreement. Two-Bit Lifer Finally Freed — After Pleading Guilty
…the remaining hour outside their cells in handcuffs and leg irons accompanied by a four-officer escort. Ibid. Respondent pleaded guilty to the criminal charges, served a term of imprisonment, and was removed to his native Pakistan. Id. , at 149. He then filed a Bivens action in the United States District Court for the…
A guilty plea is involuntary if induced by threats, improper promises, or misinformation that overcomes the defendant's free will. Fear of a harsher sentence after trial is a permissible factor and does not render the plea involuntary when the plea is otherwise knowing and intelligent.
Supporting sources
A court may accept a guilty plea from a defendant who maintains innocence provided the plea is voluntary and intelligent and a strong factual basis appears in the record. An explicit admission of guilt is not constitutionally required.
Counsel must advise a noncitizen client whether a guilty plea carries a risk of deportation. When the deportation consequence is clear, counsel must give correct advice. When the law is unclear, counsel must at least warn of the risk.
Supporting sources