Legal Question in Criminal Law in Arizona

Denial of due process

does defendant have a constitutional right to enter a plea of guilty without a stipulated plea agreement from state? Can judge refuse to accept plea of guilty because defendant not offered plea or because state may wish to file enhancements at a later date? Any cases on point?


Asked on 2/22/01, 6:11 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Denial of due process

It is hard to imagine a more unwise course of action, but indeed a defendant has an absolute right to enter a plea of guilty if s/he is of sound mind and the plea is based upon full understanding and an informed consent.

The Judge has no right to refuse the plea, ultimately, but most judges would attempt to talk a criminal defendant out of such action because of the dire consequences involved. The DA has no say in the matter, other than the charges before the court.

Persistence will get you there, but you may not like it. Certainly the advice of a competent lawyer and a written agreement are the preferred way to proceed. One should question the mental competence of someone who just wants to plead guilty and get it over with.

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Answered on 4/05/01, 9:10 am


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