Logistics of A Plea

JurisdictionMaryland

I. Logistics of a plea

A. Where and when to plead

In District Court, a plea of "not guilty" or a plea of "guilty" is entered at or before commencement of trial. In Circuit Court, the plea is entered within 15 days after the earlier of the defendant's or counsel's first appearance in Circuit Court. Md. Rule 4-242(b). More than 90% of all cases end with a guilty plea. However, those cases almost always start with a not guilty plea.

B. Types of pleas

1. Plea of "not guilty"

The defendant pleads not guilty, either personally or through counsel, on the record in open court or in writing. Md. Rule 4-242(a) and (b). If the defendant fails to enter a plea or refuses to enter, the court enters a plea of "not guilty" for the defendant.

2. Plea of "not guilty, statement of facts"

When entering a plea of "not guilty, statement of facts," the defendant pleads "not guilty," and the case proceeds on an agreed statement of facts. In Jones v. State, 77 Md. App. 193 (1988), the Court of Special Appeals held that "not guilty, statement of facts" is not the "functional equivalent of a guilty plea," and, therefore, it does not require the necessities that must accompany a guilty plea. Id. at 197-98. Accord Herd v. State, 125 Md. App. 77, 80 (1999); see Sutton v. State, 289 Md. 359, 366 (1981) (trying a case on an agreed statement of facts does not convert a "not guilty" plea into a "guilty" plea).

Occasionally, a court holds that a "not guilty, statement of facts" is the functional equivalent of a guilty plea. Yanes v. State, 52 Md. App. 150, 155 (1982); Ward v. State, 52 Md. App. 664, 670-71 (1982); Ingersoll v. State, 65 Md. App. 753, 761 (1986). On the rare occasion when a plea of "not guilty, statement of facts" is the functional equivalent of a guilty plea, the trial court must comply with the requirements for a guilty plea. In Ingersoll, the Court of Special Appeals observed:

There is a variety of reasons why counsel use [a plea of "not guilty, statement of facts"], e.g., it is less time consuming than a plea of guilty, minimizes post conviction attack on counsel, and provides that if an essential element of a charged offense is omitted for the statement that the "evidence" will be insufficient to convict.

Id. at 759. The State might fail to proffer sufficient evidence to satisfy each element of the offense and/or the criminal agency of the defendant, and the defendant may make a successful MJOA under Md. Rule 4-324(a).

Unlike a guilty plea, in which the defendant may...

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