8. Guilty Pleas
Time to Review
1. What do you do when a defendant pleads guilty to the charged offense?
2. What is a Boykin-Tahl waiver?
3. What are the existing types of pleas in California?
4. Every defendant has the right to counsel before entering a plea and must be told of that right if he or she appears without counsel at the time of his or her plea.
5. What must you do if a felony defendant is not ready to make a plea?
6. What is the maximum number of days you may continue an arraignment when a misdemeanor defendant is not ready to make a plea?
7. The defendant’s physical presence is required to make a plea.
8. When taking a guilty plea from a defendant, what findings must you make on the record?
9. A defendant making a plea of nolo contendre must be advised of all the same constitutional rights as a defendant pleading guilty and effectuate the same knowing and intelligent waiver before you can accept his or her plea.
10. It is the responsibility of defense counsel to make sure that a defendant pleading nolo contendre understands that it is the same as making a guilty plea.
11. A plea of not guilty puts in issue every material allegation of the accusatory pleading.
12. Plea bargaining may encompass negotiations to reduce charges as well as to reduce sentencing.
13. You may not sentence a felony defendant for a higher degree of his or her crime than that pled.