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?

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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 9 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.


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