Confessions are normally accepted only if the defendant
has been read his rights under Miranda vs. Arizona which formally advises him of his
rights under the Fifth Amendment to the Constitution. Any waiver of those rights is
normally made in writing. At any point in criminal proceedings, the defendant has the
right to challenge his confession if he believes he was coerced. It is then up to the
trial judge to determine if the defendant did in fact freely and knowingly waive his
right to remain silent and to be represented by
counsel.
Courts have the option to reject a plea of guilty
if they believe that the plea or confession was coerced in any fashion. Pleas of guilty
are accepted only if the Court is convinced beyond a reasonable doubt that the plea is
entered into voluntarily, freely and without fear or dread of any person or persons
whatsoever.
When a defendant indicates to the Court that he
wishes to enter a plea of guilty, the trial judge asks the defendant a number of
questions regarding his mental state, (often including his sobriety); if any promises
were made to secure his guilty plea, if he/she is pleading guilty because he/she is in
fact guilty, and is often asked to allocute--that is to formally describe in detail--the
offense which was committed. He is entitled to counsel during this time, and if he has
counsel, is normally asked in open court if he is satisfied with the services rendered
by his attorney. If he has no attorney, he is offered the services of an attorney at no
cost to him/her if he/she cannot retain an attorney voluntarily. ONLY after the court is
satisfied that the plea is voluntary and freely entered into will the Court accept
it.
Needless to say, most guilty pleas are accompanied by a
plea bargain. Still, the defendant has the right to reject the offered bargain and is
typically encouraged not to accept a plea deal if he/she is not in fact guilty. In many
jurisdictions, the trial judge is not obligated to accept a plea deal, and the defendant
is normally advised of that fact also.
In the event a
defendant later claims that the plea was coerced, one has the right to post conviction
relief on that basis or on the basis of ineffective assistance of
counsel.
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