ABA Family Legal Guide

Criminal Justice

Court Procedures

Initial Criminal Court Proceedings

Must the judge accept my plea?

A plea of not guilty must be accepted. A judge cannot accept a guilty plea unless he or she ensures that you understand the rights you are giving up and that you are doing so of your own will (free from coercion or threats). In many states, the judge also must determine that there is a factual basis for your plea; in other words, that you actually are guilty of the offense. If you assert that you are innocent, but want to make a guilty plea for the sake of expediency, you are entitled to do so as long as the judge finds a factual basis for the plea, and finds that you are competent to enter a guilty plea.