What does it mean when the court says there is no factual basis for the defendants plea of guilty and resets the cause for pretrial conference?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What does it mean when the court says there is no factual basis for the defendants plea of guilty and resets the cause for pretrial conference?

The defendant in this case plead guilty to both charges? Are they saying they dont have enough proof that he did this charges?

Asked on January 25, 2012 under Criminal Law, Indiana

Answers:

Russ Pietryga / Pietryga Law Office

Answered 12 years ago | Contributor

Usually, a judge will ask for the factual basis for the plea.  Each crime has paticular elements that must be shown.  For instance, if someone was to plead guilty to a DUI, they judge will ask what is the factual basis for the plea of guilty.  If the defendant was to say that he was not driving, the judge would say that there is not a factual basis to take the plea.

It appears, in your case, that the judge asked the defendant what happened and the defendant did not admit the elements of the offense.  So, he set the matter for another pre-trial.

Because, if the defendent does not admit the elements of the crime, the prosecutor must present evidence of the elements.  That means, the prosecutor is going to have to try the case, either before the judge or a jury.

However, a defendant can enter what is called an Allfred plea.  The Allfread plea allows a defendant to state that the prosecutor has enough evidence to convict without admitting that they did the crime.

Hope this helps.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption