A plea hearing in Tennessee is the court proceeding where a defendant formally enters a guilty or nolo contendere plea and the judge determines whether the plea can be accepted. Tennessee Rule of Criminal Procedure 11 requires the judge to address the defendant personally and make sure the plea is knowing and voluntary.
Before accepting a guilty plea, the court must also determine that there is a factual basis for the plea. Depending on the agreement, the judge may accept the negotiated disposition, reject it, or address sentencing separately.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Will the Judge Ask at a Plea Hearing?
The judge will ordinarily confirm that the defendant understands the charge, the possible punishment, the right to counsel, the right to plead not guilty, the right to a jury trial, the right to confront witnesses, and the privilege against compelled self-incrimination.
The court also determines that the plea is voluntary and not the product of improper force or threats.
What Rights Do You Give Up by Pleading Guilty?
A guilty plea generally gives up the right to a trial on guilt, the right to require the State to prove the charge beyond a reasonable doubt, the right to confront and cross-examine adverse witnesses, and the right against compelled self-incrimination at trial.
That is why the court conducts a plea colloquy before accepting the plea.
Does the Judge Have to Accept the Plea Agreement?
Not always. Rule 11 recognizes different types of plea agreements. Some agreements are contingent on the court accepting a particular disposition, while others involve recommendations that are not binding on the judge.
The consequences of judicial rejection depend on the type of agreement, so the terms should be clear before the plea is entered.
What Is a Factual Basis?
Before entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea. The State commonly provides a summary of the facts it would expect to prove.
The defendant and counsel should know what factual allegations are being used to support the conviction.
Can Charges Be Reduced at a Plea Hearing?
Yes. A negotiated agreement can involve a plea to a lesser or related offense, dismissal of other counts, an agreed sentence, or a sentencing recommendation.
The exact agreement should be placed on the record so everyone understands what is binding and what remains within the judge’s discretion.
Can Other Charges Be Dismissed?
Yes. Rule 11 expressly recognizes plea agreements in which the district attorney general agrees to move for dismissal of other charges.
A defendant should confirm whether dismissal is part of the agreement and whether it occurs when the plea is accepted.
Will You Be Sentenced the Same Day?
Sometimes. If the sentence is fully agreed and accepted, sentencing may occur at the plea hearing. Other cases can require a later sentencing hearing or presentence investigation.
Whether sentencing is immediate depends on the agreement, offense, court, and unresolved sentencing issues.
Can You Change Your Mind After Pleading Guilty?
Withdrawing a guilty plea after it has been accepted is much more difficult than simply changing your mind before entering it. Tennessee procedure has specific standards governing withdrawal.
A defendant should therefore understand the evidence, defenses, sentence, and collateral consequences before the plea is finalized.
What Collateral Consequences Should Be Considered?
A conviction can affect more than jail or probation. Depending on the offense and the defendant, consequences can involve immigration, firearms, employment, professional licensing, driving privileges, housing, registration requirements, and future sentencing.
Expungement eligibility should also be considered before accepting a reduced charge when record-clearing is important.
Do You Have to Admit Guilt to Enter a Plea?
A guilty plea is an admission resulting in conviction. Tennessee also permits a nolo contendere plea with the court’s consent, and Tennessee practice can involve other legally recognized plea arrangements depending on the case.
The legal effect and record consequences should be discussed with counsel before choosing the form of plea.
What Happens After the Plea Is Accepted?
The court enters judgment and imposes or schedules the sentence. The defendant must then comply with every part of the judgment, including incarceration, probation, treatment, fees, restrictions, or other conditions.
Any remaining counts should be disposed of consistently with the plea agreement.
Frequently Asked Questions
Is a plea hearing the same as a trial?
No. A plea hearing resolves the case through a plea rather than a trial on guilt.
Can the judge reject a plea deal?
Yes. The effect of rejection depends on the type of Rule 11 agreement.
Does the judge ask questions directly to the defendant?
Yes. Rule 11 requires the court to address the defendant personally before accepting a guilty or nolo contendere plea.
Can I plead guilty and still have sentencing later?
Yes. Some cases have a later sentencing hearing.
Should I understand expungement eligibility before pleading?
Yes. The offense of conviction can determine whether later expungement is available.
Talk With a Nashville Criminal Defense Lawyer
The details of a criminal case matter. The charging papers, evidence, court history, and applicable Tennessee law should be reviewed before making decisions that can affect the case or a person’s record.
Kevin Kennedy Law Firm represents people facing criminal charges in Nashville and Middle Tennessee.