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Contents

8. Guilty Pleas

Time to review.


Time to Review

Review1. What do you do when a defendant pleads guilty to the charged offense?

  1. Make sure the defendant understands the nature of the charges.
  2. Make sure the defendant understands the consequences of his or her plea.
  3. Make sure the defendant has waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination, known as Boykin-Tahl rights.
  4. All of the above.

Review2. What is a Boykin-Tahl waiver?

  1. A waiver of the right to counsel
  2. A waiver of three rights: the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination
  3. A waiver of the defendant’s Miranda rights
  4. None of the above

Review3. What are the existing types of pleas in California?

  1. Guilty, not guilty
  2. Guilty, not guilty, nolo contendre
  3. Guilty, not guilty, nolo contendre, former judgment of conviction or acquittal of the offense charged
  4. Guilty, not guilty, nolo contendre, former judgment of conviction or acquittal of the offense charge, once in jeopardy
  5. Guilty, not guilty, nolo contendre, former judgment of conviction or acquittal of the offense charge, once in jeopardy, not guilty by reason of insanity
  6. All of the above

Review4. 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.

  1. True
  2. False

Review5. What must you do if a felony defendant is not ready to make a plea?

  1. Continue the matter for at least one day.
  2. Enter a plea of not guilty.
  3. Enter a plea of guilty.
  4. Appoint the defendant a new lawyer.

Review6. What is the maximum number of days you may continue an arraignment when a misdemeanor defendant is not ready to make a plea?

  1. None
  2. 30 days
  3. 7 days
  4. 60 days

Review7. The defendant’s physical presence is required to make a plea.

  1. True
  2. False
  3. Both true and false

Review8. When taking a guilty plea from a defendant, what findings must you make on the record?

  1. That the plea is voluntary
  2. That the plea was made knowingly and intelligently
  3. In felonies, that there is a factual basis for the plea
  4. All of the above

Review9. 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.

  1. True
  2. False

Review10. 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.

  1. True
  2. False

Review11. A plea of not guilty puts in issue every material allegation of the accusatory pleading.

  1. True
  2. False

Review12. Plea bargaining may encompass negotiations to reduce charges as well as to reduce sentencing.

  1. True
  2. False

Review13. You may not sentence a felony defendant for a higher degree of his or her crime than that pled.

  1. True
  2. False

 
  © 2008 Judicial Council of California