8.10.4 Knowledge

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

8.10.4 Knowledge

A guilty plea is invalid and subject to attack on appeal if the defendant is unaware of the substance of the charges, the penal consequences faced, or the nature of the rights being waived.

To ensure that the guilty plea is made intelligently, the judge must decide that the defendant understands the consequences of the plea, is informed of the charge to which the plea is offered,⁹⁹ and is aware of the maximum possible penalty for the offense and any mandatory penalty that applies.¹⁰⁰ Finally, the judge must be certain that the defendant knows of the right to...