(2)3.2 Plea Standards

(2)3.2 Plea Standards

This section establishes the standards and procedures for the acceptance of pleas in court. It ensures that any plea entered by a defendant is voluntary, knowing, and intelligent, and provides the court with criteria for evaluating and recording pleas. It also sets forth circumstances under which a plea may be rejected.

(2)3.2.1 Authority and Scope

A defendant may enter a plea in accordance with law, through counsel or self-representation where permitted. The court shall ensure that any plea is knowingly, voluntarily, and intelligently made, and that the defendant understands the nature of the charges, the potential consequences, and the rights being waived by such plea.

(2)3.2.2 Judicial Findings

Before accepting a plea, the court shall make affirmative findings that:

(a) The plea is entered knowingly, voluntarily, and intelligently;

(b) The defendant is competent to enter a plea and has not been coerced or subjected to undue influence;

(c) The defendant understands the nature of the charges, the elements of the offense(s), and the possible penalties;

(d) The defendant understands and knowingly waives any rights waived by the plea, including, if applicable, the right to trial, right to confront witnesses, and right to appeal; and

(e) Any plea agreement or recommended sentence is understood and agreed to by the defendant.

(2)3.2.3 Rejection of Plea

The court may reject or refuse to accept a plea when:

(a) The plea is not made voluntarily, knowingly, or intelligently;

(b) The court finds inconsistencies or deficiencies in the factual basis for the plea;

(c) The defendant is not competent to enter the plea;

(d) The plea is contrary to law, public policy, or the interests of justice; or

(e) Any other circumstance arises which, in the discretion of the court, renders acceptance of the plea inappropriate.

(2)3.2.4 Factual Basis

The court may require the submission of a factual basis supporting the plea, which may include:

(a) Testimony of the defendant;

(b) Statements in the record or affidavit;

(c) Evidence of the conduct underlying the charge(s); or

(d) Other sources sufficient to establish that the conduct constitutes the offense(s) charged.

(2)3.2.5 Record of Plea

The court shall ensure that the plea and all judicial findings are clearly recorded in the court record, including:

(a) The defendant’s acknowledgments of understanding;

(b) The factual basis for the plea; and

(c) Any agreements, recommendations, or reservations made by the parties.

(2)3.2.6 Effect of Plea

A plea accepted in accordance with these standards shall:

(a) Bind the defendant to the consequences of the plea; and

(b) Be enforceable unless subsequently withdrawn in accordance with law or court rule.