What is a Plea?
A plea in a criminal case is when the prosecutor makes an offer to a criminal defendant to plead guilty or no contest to a crime, usually a lesser offense, in order to persuade the defendant to avoid going to trial. When a defendant enters into a plea agreement with the State, the defendant gives up certain constitutional rights.
What constitutional rights does a defendant give up?
When a defendant decides to accept an offer for a plea arrangement he gives up the following constitutional rights:
- To have a jury trial.
- To confront and cross-examine witnesses.
- To compel witnesses to testify at trial.
- To refuse to testif.
- The privilege against self-incrimination.
- Your presumption of innocence.
- To force the State to prove you are guilty beyond a reasonable doubt.
- To appeal your conviction.
In many cases a defendant is required to sign a written plea that can be filed with the court. In that document the defendant’s constitutional rights are laid out in detail. Below is an example of the type of written statement concerning a defendant’s constitutional rights that a is required to sign in order for a judge to accept his plea:
I am entering this plea voluntarily. I understand that I have the following rights under the constitutions of Utah and the United States. I also understand that if I plead no contest I will give up all the following rights:
Counsel. I know that I have the right to be represented by an attorney and that if I cannot afford one, an attorney will be appointed by the court at no cost to me. I understand that I might later, if the judge determined that I was able, be required to pay for the appointed lawyer’s service to me.
I have not waived my right to counsel. I certify that I have read this statement and that I understand the nature and elements of the charges and crime(s) to which I am pleading no contest. I also understand my rights in this case and other cases and the consequences of my no contest plea.
If I have not waived my right to counsel, my attorney is _________. My attorney and I have fully discussed this statement, my rights, and the consequences of my no contest plea.
Jury Trial. I know that I have a right to a speedy and public trial by an impartial (unbiased) jury and that I will be giving up that right by pleading no contest.
Confrontation and cross-examination of witnesses. I know that if I were to have a jury trial, (a) I would have the right to see and observe the witnesses who testified against me and (b) my attorney, or myself if I waived my right to an attorney, would have the opportunity to cross-examine all of the witnesses who testified against me.
Right to compel witnesses. I know that if I were to have a jury trial, I could call witnesses if I chose to and I would be able to obtain subpoenas requiring the attendance and testimony of those witnesses. If I could not afford to pay for the witnesses to appear, the State would pay those costs.
Right to testify and privilege against self-incrimination. I know that if I were to have a jury trial, I would have the right to testify on my own behalf. I also know that if I chose not to testify, no one could make me testify or make me give evidence against myself I also know that if I chose not to testify, the jury would be told that they could not hold my refusal to testify against me.
Presumption of innocence and burden of proof. I know that if I do not plead no contest, I am presumed innocent until the State proves that I am guilty of the charged crime(s). If I choose to fight the charges against me, I need only plead “not guilty,” and my case will be set for a trial. At a trial, the State would have the burden of proving each element of each charge beyond a reasonable doubt. If the trial is before a jury, the verdict must be unanimous, meaning that each juror would have to find me guilty.
I understand that if I plead no contest, I give up the presumption of innocence.
Appeal. I know that under the Utah Constitution, if I were convicted by a jury or judge, I would have the right to appeal my conviction and sentence. If I could not afford the costs of an appeal, the State would pay those costs for me. I understand that I am giving up my right to appeal my conviction if I plead no contest.
I know and understand that by pleading no contest, I am waiving and giving up all the statutory and constitutional rights as explained above.
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