Simple English definitions for legal terms
Read a random definition: bias
A plea colloquy is when a judge talks to someone who is accused of a crime and wants to plead guilty or no contest. The judge makes sure the person understands what will happen if they plead guilty, like going to jail or losing certain rights. The judge also makes sure the person is making the plea on their own and not because someone is forcing them to. If the judge thinks the person doesn't understand or is being forced, they will explain things more and make sure the person knows what they are doing before accepting the plea.
Plea colloquy refers to the process in which a judge advises a criminal defendant of the consequences of pleading guilty or nolo contendere (no contest) before accepting the plea. The purpose of the plea colloquy is to ensure that the defendant is making the plea knowingly, intelligently, and voluntarily.
The court has a duty to make sure that the defendant understands the direct consequences of the plea, including the nature of the punishment and the loss of rights, such as the right to a jury trial. This duty may be imposed by constitutional provision, statute, or court rule.
During the plea colloquy, the judge or other judicial official addresses the defendant directly in open court. If the court determines that the defendant has not been provided with enough information to understand the effects, consequences, and results of the plea, the court must advise the defendant of such consequences and legal effects.
For example, in Boykin v. Alabama, the Supreme Court held that a plea of guilty must be made voluntarily, knowingly, and intelligently. The Court found that the defendant's plea was not voluntary because he was not advised of his right to a jury trial.
Another example is when a defendant pleads guilty to a crime without understanding the consequences of the plea. If the court finds that the defendant did not understand the consequences of the plea, the plea may be withdrawn.