Legal Question in Criminal Law in Michigan

Admitting Guilt

When a defendant takes a plea to a felony is the defendant normally required to admit guilt in open court? This question is from Michigan.


Asked on 9/09/08, 2:23 pm

2 Answers from Attorneys

Re: Admitting Guilt

Yes. It is constitutionally required to establish a factual basis for the guilty plea.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 9/09/08, 2:57 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Admitting Guilt

Before a judge can accept a criminal plea, a factual basis for the elements of the crime must be presented. Normally, that involves the defendant telling the judge what he/she did.

But, a police report or other source of information can substitute for the defendant's verbal admissions if the plea is a "no contest" / nolo contendere plea. No contest pleas are only allowed in the rare cases where the defendant does not recall the events (maybe due to intoxication?), or could suffer civil liability through his/her verbal admissions to the court. The conviction that results from a no contest plea is the same is with a traditional guilty plea, and the penalties are the same.

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Answered on 9/09/08, 3:26 pm


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