This blog article serves to answer one simple question: what are the prerequisites for a voluntary guilty plea?

 

A judge shall not accept a plea of guilty without first determining the plea was entered voluntarily. Uniform Rules of Superior Court 33.7; Williams v. State, 221 Ga. App. 291 (1996).

 

To establish voluntariness, judges should advise defendants of:

 

• The nature of the charges against him/her
• The rights he/she are waiving by entering a guilty plea
• The consequences of a guilty plea

 

Nature of the Charges

 

• Does the defendant understand the nature of the charges?
• Is there a factual basis for the defendant’s guilty plea?
• Is there a plea agreement?
• Have there been any threats or promises made (other than plea agreement) to induce the plea?

 

Rights Waived by Guilty Plea

 

• Right to a jury trial
• Presumption of innocence
• Right to confront witnesses
• Right to subpoena witnesses
• Right to testify and offer evidence
• Right to assistance of counsel
• Right against self-incrimination

 

Consequences of the Guilty Plea

 

• Maximum possible punishment under law defendant could receive
• Mandatory minimum punishment, if any
• Time limits to appeal conviction (habeus corpus)
  • 180 days traffic, 1 year misdemeanors, 4 years felonies
• Impact on immigration status if not U.S. citizen

 

Effect of a Guilty Plea

 

A guilty plea results in a conviction. All that remains is judgment and punishment. Further, a guilty plea waives all defenses, known and unknown. A defendant can later challenge the voluntariness of the plea.

 

Contact Us

 

If you or someone you know has been charged with a criminal offense, please contact our office today at 404-581-0999 for a free consultation.