Pleas of Guilty

PLEAS OF GUILTY

In August 1997, the ABA House of Delegates approved these “black letter” standards that have been published with commentary in ABA Standards for Criminal Justice: Pleas of Guilty, 3d ed., © 1999 American Bar Association. For the text of the publication, click HERE . To go directly to individual “black letter” standards (without commentary), click on the links below. For information about purchasing the printed volume, please click here .

PART I. RECEIVING AND ACTING UPON THE PLEA

Standard 14-1.1      Pleading by defendant; alternatives
Standard 14-1.2      Pleading to other offenses
Standard 14-1.3      Aid of counsel; time for deliberation
Standard 14-1.4      Defendant to be advised
Standard 14-1.5      Determining voluntariness of plea
Standard 14-1.6      Determining factual basis of plea
Standard 14-1.7      Record of proceedings
Standard 14-1.8      Consideration of plea in final disposition

PART II. WITHDRAWAL OF THE PLEA

Standard 14-2.1      Plea withdrawal and specific performance
Standard 14-2.2      Withdrawn plea and discussions not admissible

PART III. PLEA DISCUSSIONS AND PLEA AGREEMENTS

Standard 14-3.1      Responsibilities of the prosecuting attorney
Standard 14-3.2      Responsibilities of defense counsel
Standard 14-3.3      Responsibilities of the judge
Standard 14-3.4      Inadmissibility of nolo contendere pleas, pleas not accepted, and plea discussions

PART IV. DIVERSION AND OTHER ALTERNATIVE RESOLUTIONS

Standard 14-4.1      Diversion and other alternative resolutions

 

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