Legal Question in Criminal Law in Michigan

Can a judge enter a plea that i do not accept and did not make myself when i do not understand the charges?


Asked on 3/04/16, 9:06 pm

2 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

A judge can only accept a plea if it is knowingly, voluntarily, and intelligently made by the defendant without undue influence or coercion. That means that the judge has to be satisfied that you understand what you are charged with, the elements of the offense, and the maximum penalties under the law. Likewise, the judge has to make the same inquiry as to any plea you will be making. The judge has a duty to make sure you fully understand the charges and what the penalties and consequences are if you make a plea. The court also has to determine that you understand you have a right to a trial and all the rights associated with that trial (presumption of innocence, right to confront witnesses through cross-examination, right to remain silence and not have it used against you, right to present your own evidence, right to have an attorney represent you) and that by entering a plea you give up all those rights. You also give up your automatic right to appeal the conviction by entering a plea. That means that if you plea the higher court doesn't have to take your appeal if they don't want to. If you are convicted at trial they have no choice but to take a look at your case to make sure the law was followed and you were treated fairly.

The court cannot accept any pleas without making sure the defendant knows and understands all of this and that he is making that decision by his own free choice and not because someone is forcing him, pressuring him, or promising him something other than what was discussed on the record in open court. If the court does not make findings on all of these things, the court cannot accept a plea. The court cannot force you to make a plea can cannot accept a plea that you do not make yourself.

Hopefully this answers your question. If not or if you have additional issues with your case, you should probably schedule a consultation with a criminal defense and/or appeals lawyer.

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Answered on 3/05/16, 8:16 am

I think there is much more to this story that you've disclosed. I recommend that you hire an experienced criminal defense lawyer to review your entire case

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Answered on 3/05/16, 8:28 am


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