Welcome to Gaia! :: View User's Journal | Gaia Journals

Changing Your Plea from Not Guilty to Guilty

The U.S. States Supreme Court has consistently ruled that any time a defendant pleas guilty or no contest, that the plea is required to be made knowingly, intelligently & voluntarily. Most defendants usually enter a plea of not guilty in the beginning of the court proceedings. Many will end up changing their plea to guilty or in the alternative nolo contendre so as to take advantage of an reduced sentence or charge extended by the State. Many defendants will change their plea to guilty or no contest with no offer or after rejecting an offer from the state thereby leaving the determination of the sentence to the court. This practice is called "pleading open."

When a defendant enters a plea or changes a plea to guilty or no contest, a judge is required to question the defendant under oath before accepting the plea or sentencing the defendant to ensure that an defendant's plea is being made knowingly and voluntarily. The presiding judge must ask the defendant a series of questions to ensure that the defendant knows the rights a criminal defendant has, the rights that he is giving up by changing his plea & the potential consequences for the change of plea. If an individual isn't advised by the judge of the consequences, the individual can, at a later time file a motion to vacate the plea pursuant to FL R Crim P 3.850 claiming that the plea was involuntary.

In the Matter of Ramos v. State of Florida, the district court of appeal reversed and remanded the lower court's sentence against the defendant in a DUI matter. The appellate court held it was reversible error to sentence defendant, when the defendant didn't speak fluent English, without the use of a court interpreter.

For more information on Criminal Defense Attorney or DUI Lawyer Fort Lauderdale or please contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700
Fort Lauderdale, FL 33301
(954)990-0525