April 29, 2026

Not Guilty Chapter 14 | Entering a Plea of Guilty

ENTERING A PLEA OF GUILTY – Misdemeanors. The Court will first want to know that the defendant understands what he or she is pleading guilty to, as well as the range of punishment associated with that charge. The court will want to be sure the defendant understands the trial rights that are being given up by entering a plea of guilty, including the right to remain silent, that anything that the defendant may say could be used against him or her; the right to be represented by an attorney; the right to plead not guilty and proceed to trial; and the right to confront and cross examine witnesses at trial or subpoena witnesses to appear to testify at trial. There will be no trial after a guilty plea, and the right to an appeal is extremely minimal (basically with limited exceptions, there is no right to appeal) after entering a plea of guilty (swearing you did it). The court will want to know that the defendant is not under the influence of anything that could impair his judgment, that there is a factual basis for the plea, no potential defenses that could get him out of it, and that the defendant is pleading guilty because he IS guilty.

Caution. People like to say, years after the fact, that they weren’t really good for it. They just plead out because they had to. They say their public lawyer made them, or that it was the only way to get out of jail, or that they took it for their girlfriend…. Whatever the excuse, if they said they did it, plead guilty, basically swore in court that they did it, they’re going to be stuck with it. It is no simple thing for someone to come back after the fact and claim they’re not good for something they plead to. Guilty pleas should be handled with great caution, at the advice of a licensed attorney.

Entering a plea of guilty – Felonies. There are more rights at stake, and higher penalties, so the courts are far more detailed with felony pleas. The courts will also rarely accept a felony plea without the assistance of counsel. You need a lawyer to go through this process. There is too much at stake to not have a lawyer. If you are going through this process, get a lawyer!
The felony guilty plea will include identifying the defendant, to verify they have the right person, that he can understand, read, and write the English language, that he understands what he is charged (accused) with, and the potential range of punishment associated with that crime. They will go over the specific facts of the crime the defendant is charged with, including the date and location. They will go over his trial rights, which include:

Trial Rights
  1. The right to a trial, in front of a judge or in front of a jury, and knowing that by pleading guilty he or she is giving up the right to use any defenses he may have.
  2. The right to assistance of an attorney.
    1. This means he is entitled to an attorney. It does not necessary mean they have to give him one. If he qualifies for a public defender, one will be appointed. If he does not qualify, he will have to find and pay for a lawyer on his own.
  3. The right to remain silent, to not testify, and to have the judge instruct the jury not to hold it against him or her if he or she chooses not to testify.
  4. The presumption of innocence.
    1. It is the prosecutor’s job to prove the defendant guilty; it is not the defendant’s job to prove him or herself innocent.
    2. They must prove the defendant guilty beyond a reasonable doubt.
  5. The right to confront and cross-examine witnesses against you, and the power to subpoena witnesses to appear on your behalf.
  6. In order for a jury to find a person guilty, all twelve jurors must agree that that person is guilty.
  7. The right to an appeal.
If the defendant chooses to plead guilty, he is giving up his trial rights.
The proposed (suggested) “disposition” (sentence, outcome, or punishment) will be discussed, with a note that no one made any side deals, and no one threatened or coerced the defendant or his loved ones or made any special promises to the defendant or his loved ones not known to the courts, in exchange for a plea of guilty. If he or she is already on probation elsewhere, a plea of guilty could (very likely would) have a negative impact on her probation, and a plea of guilty could impact an immigrant’s legal status in this country. The court will want to know that the defendant is acting of his own free will, not under any intoxicants, and likely that he is taking any medications necessary to ensure he is thinking properly. (The court is checking into medications and substance use to verify that the defendant is able to think clearly and make rational decisions for him or herself. If, for example, the defendant has schizophrenia, the court would likely want them to be on their medication. Alternatively, if a person showed up to court drunk or high, the court likely would refuse to accept the plea because the person was not competent to make that kind of decision at that time.) The court will want to know if the defendant is satisfied with the assistance of his or her attorney, that they understand that there are going to be conditions of probation if going on probation, and that they are pleading guilty, freely and voluntarily, because they are in fact guilty.

Disposition – the outcome, punishment, penalty, resolution or sentence associated with the crime after a finding or plea of guilty.

Negotiated Resolution (“plea deal”) – An agreement about what the punishment or outcome of the case will be.

Competency – The courts must be comfortable that the defendant is able to understand what is taking place, be capable of assisting in preparing their defense, and be able to understand the consequences of their decisions, and make voluntary choices about trials and pleas of guilty.

Incompetency – Some people believe it would be better for the court to find them not competent than to find them guilty. This defense needs to be thoroughly discussed with an attorney! The court may find a person not competent for a temporary period of time, if perhaps they showed up to court drunk. If the court has greater concerns, they may request the Department of Mental Health conduct an evaluation, and if that person is determined to be incompetent, that person may be held by the Department of Mental Health until they become competent. That length of time is unknown and might last for years and years. At least with a guilty plea, a person knows the maximum they could go for.

Rule 24.035. The Court likely will advise the Defendant that there are no appeal rights from a guilty plea. There are post-conviction (after a finding of guilt or a plea and sentencing) rights under Rule 24.035. If the Defendant anticipates exercising these rights prior to the entry of a plea, he might want to reconsider entering the plea. It is very difficult to back out after saying you did it. Rule 24.035 applies when 1) The court does not have jurisdiction – for example, the crime did not take place in the State or County where charged/accused; 2) The Court sentences the Defendant outside the maximum range of punishment. If the worst the defendant can get on a crime is 6 months, and the Court gives that person twenty years, that Defendant may pursue relief under Rule 24.035; and 3) If the charge is not in compliance with the Constitution of the United States or the State of Missouri (if you have a creative argument that the crime, say stealing, somehow does not violate the constitution, you may make that argument here. Good luck.); and
4) ineffective assistance of counsel. Ineffective assistance claims require two prongs: first that the lawyer messed up, and secondly that it would have made a difference. So if the lawyer fell asleep in court, and the defendant was guilty as hell, and the State could prove it regardless, then that lawyer may actually not be found to be ineffective. In the event an attorney is proven ineffective for criminal court purposes, this will lead to an opportunity for a new trial. If you believe you have a claim of ineffectiveness or plan to see post-conviction relief under Rule 24.035, you should seek an attorney. You have rights, and you should pursue those rights with the assistance of counsel. A Rule 24.035 claim must be made within 180 days of sentencing. Because an SIS does not count as a sentence, the 180 days does not start following issuance of an SIS, although it may apply upon the probation revocation of an SIS. It does apply upon sentencing of an SES. There is no appeal remedy from the issuance of an SIS. A 24.035 claim is filed with a Form 40, which can be found in the prison library, or through an attorney. A public defender may be appointed for this process if the defendant qualifies.
Alexis was terrified. She was supposed to plead guilty this time. She had met with her lawyer, Dan, and she arrived in court early. She dressed nicely for the occasion, but the only really nice pants she had were too tight, and she was miserable. Dan was moving from client to client in the courtroom. Alexis waived him down, and slipped out of the courtroom. It was clear Dan was busy, and Alexis appreciated that they had already been over all this, but she was just so nervous. Back in the courtroom, Dan was waiting his turn. There were a lot of lawyers, and a lot of people in the room. The Judge had said that anyone that was there to plead guilty would go last. Dan told Alexis that if she wanted to step outside for a cigarette, there was time. They had inmates on the television screen going through bond hearings. Alexis was so thankful she was not in the jail!

Dan stepped in front of the Judge for his turn. Alexis jumped up, then sat back down when Dan called someone else up. She was biting off her fingernails. When she finally got up in front of the Judge, the Judge asked what they were doing today. Lawyer Dan said they were going to enter a guilty plea for a “negotiated resolution”. The judge asked for the details, and the prosecutor, sitting in a suit at the table in front of the Judge, started announcing the details of the plea. Then the Judge spoke to Alexis:

Judge: “Raise your right Hand. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”

Alexis stumbled through figuring out which hand was her right hand. “Yes” her voice broke. “Yes.” She said again.

Judge: “I am going to need you to speak up. The court reporter is taking down everything we say here today. Can you speak up for me?”

Alexis: “Yes.”

Judge: “Another thing. If you can’t hear me, don’t understand me, or have any questions, will you promise to interrupt me, and let me know?”

Alexis nodded. The Judge looked up at her. “Is that a yes?” She jumped and responded out loud, “Yes, sir, um I mean, Yes, yes, Your Honor.” She looked over at Dan hopelessly, and Dan nodded encouragingly towards the Judge.

Judge: “Good. Let’s get started. Has there been discovery?”

Lawyer Dan: “There has been Your Honor.”

Judge: “Do you believe this plea to be in your client’s best interest?” Lawyer Dan: “I do, Your Honor.”

Judge: “Lawyers can make recommendations, but it is your decision whether to enter a plea of guilty. Do you wish to proceed here today?”

Alexis: “Yes.”

Judge: “What are the charges?”

Prosecutor: Count II: The Class B Misdemeanor of Driving While Intoxicated; and Count IV, the Class E Felony of Resisting Arrest by fleeing, creating a substantial risk of serious physical injury. Counts I and III will be dismissed upon the successful entry of a guilty plea to counts II and IV here today.

Judge: “Is there a negotiated resolution?

Prosecutor: “Yes, your Honor: Two days on the DWI, to be served on house arrest, and an SIS on the Resisting Arrest. All remaining counts to be dismissed upon entry of a successful plea of guilty.”

Judge: “Is that what you expected to hear?” Lawyer Dan: “It is, your Honor.”

Judge: “Mr. Prosecutor, would you please state the nature and the factual basis of the charges?”

Prosecutor: “On the evening of September 1, 2024, the defendant was observed to be speeding and swerving all over the road, repeatedly crossing over the center line. When law enforcement attempted to stop Defendant, she sped up, causing a high-speed chase for several miles and putting several other vehicles at risk before crashing into a ditch. Alcohol was found to be in the car. Defendant ran from the car and was stumbling all over the road and finally fell over, her eyes were bloodshot and glassy, and she smelled of intoxicants. After a field sobriety test, she was transported to the police department, where her blood alcohol level was determined to be 0.12. Defendant’s boyfriend was injured in the accident.

Judge: “Is all of this true?” Alexis: “Yes, Your Honor.” Judge: “How do you plead?” Alexis: “Guilty.” She whispered. The Judge looked up at her.

Alexis: “Guilty.”

Judge: “We need to go over your trial rights. Is there anything your lawyer has refused to do to assist you in this matter?

Alexis: “No.”

Judge: Is there anything your lawyer has failed to do to assist you in this matter?

Alexis: “No.”

Judge: Are you happy with the assistance of your lawyer? Alexis: “Yes.”

Judge: Are you under the influence of any substances here today? Alexis: “No.”

Judge: Has anyone made you any promises or suggestions, or threatened or coerced you or anyone in your family in exchange for your plea of guilty here today?

Alexis: “No.”

Judge: You understand that if you are on probation here or anywhere else, that this could have a negative impact on your probation.

Alexis: “I thought I was just starting probation?”

Judge: “Certainly. I have to advise you that if you were on probation somewhere else, that what we are doing here today could hurt your other probation. Are you on probation anywhere else?”

Alexis: “No.”

Judge: “Then you don’t need to be worried about that part. Moving on. You understand that if you are not a citizen of the United States of America, that this could impact your right to remain in this country?

Alexis: “Um. Yes?”

Judge: “You are pleading guilty because you are in fact guilty. And you understand that there is no coming back from a plea of guilty. You could have a trial, and I could require the prosecutor to prove his case, and you have the right to have your lawyer present to cross examine and question witnesses or subpoena witnesses who have good or important things to say on your behalf? Waiving all of those rights, you wish to proceed with a plea of guilty?

Alexis: “Yes.”

Judge: “I will accept your plea. Counsel, will you be waiving the S.A.R.?” Lawyer Dan: “Yes, your Honor.”

Judge: “Is there any reason not to proceed with disposition at this time?”

Lawyer Dan: “No, your Honor, except that Defendant anticipates being released on an ankle monitor, and she does have to work this evening.”

Judge: “We will figure that out.”

Prosecutor: “We are in agreement with the ankle monitor.”

Judge: “Good. The court finds there is a factual basis for the plea, the court finds beyond a reasonable doubt that the Defendant is guilty of the crime charged. The court accepts the Defendant’s guilty plea. The Court finds that the Defendant understands the charges against her and the consequences of her plea, that the Defendant has been advised of her rights, and voluntarily freely and intelligently waives those rights. The Defendant is able to understand and assist her attorney. There is no reason to believe Defendant has received ineffective assistance of counsel. Defendant has no mental disease or defect. The Defendant’s decision to plead guilty has been freely, voluntarily, and intelligently made.”

Judge: “Is there any reason we cannot move on to disposition today?”
*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!