8.10 Guilty Pleas

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

8.10 Guilty Pleas

Most criminal prosecutions—in both state and federal courts—are resolved by a guilty plea entered prior to trial.⁷⁹ In virtually all jurisdictions, the defendant has the option of pleading not guilty, guilty, or nolo contendere.⁸⁰ Some jurisdictions also allow a plea of "not guilty by reason of insanity" or "guilty but mentally ill."⁸¹ A defendant's failure or refusal to enter a plea results in the court entering a plea of not guilty on the defendant's behalf. The trial will proceed as if the defendant had pleaded not guilty.

Guilty pleas, and pleas of nolo contendere, serve as a waiver of the right to a trial. A valid guilty plea usually operates to bar a defendant from later raising objections that might have overturned the conviction had there been a trial.⁸² But, a guilty plea alone does not prevent a defendant from appealing a conviction when the statute of conviction is alleged to be unconstitutional.⁸³

Practice Tip

Most jurisdictions permit conditional pleas of guilty after the denial of a motion to dismiss charges or to suppress evidence. Ensure that the rules of the jurisdiction are followed...