Is a guilty plea barred by statute?

California, United States of America


The following excerpt is from People v. Reza, 152 Cal.App.3d 647, 199 Cal.Rptr. 664 (Cal. App. 1984):

[152 Cal.App.3d 652] A guilty plea is barred by statute in several situations. Penal Code section 1018 precludes a defendant charged with a capital offense from pleading guilty without the consent of his counsel. (People v. Chadd, supra, 28 Cal.3d 739, 754-755, 170 Cal.Rptr. 798, 621 P.2d 837.) "Even in noncapital cases the state has properly circumscribed the right to plead guilty in order to protect defendants against the consequences of their own folly or neglect. Thus even an undoubtedly intelligent and voluntary guilty plea made by a defendant represented by counsel cannot be accepted until the court has satisfied itself by an evidentiary hearing that 'there is a factual basis for such a plea.' (Pen.Code, 1192.5, 3d par.)" (Id., at p. 751, fn. 8, 170 Cal.Rptr. 798, 621 P.2d 837.)

Other Questions


When a charging document indicates on its face that the prosecution is time-barred and does not contain any information relevant to tolling the statute of limitations, can the charging document indicate that the charge is time barred? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
Can a criminal defendant invoke the statute of limitations if the charging document indicates it may be time-barred? (California, United States of America)
In what circumstances can localities proceed to enforce a statute of doubtful constitutionality by disobeying the statute? (California, United States of America)
Can the statute of limitations be raised as a time bar in a criminal case? (California, United States of America)
Is a breach of contract cause of action barred by the statute of frauds because it alleges promissory estoppel? (California, United States of America)
Does a court commissioner need to be a member of the State Bar of California Bar? (California, United States of America)
Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.