- Joined
- Sep 26, 2017
Oh, wow, he's admitted he's going to plead guilty and wanted to do so last month BUT the judge needs to ask him specific questions "to make sure I wasn't coerced or threatened" and Wentzell wasn't prepared to do it.
Ok. I need to hone in on this point
What Nick is talking about is a Plea Colloquy. A series of questions the judge asks a defendant when they plea guilty to make sure everything is above board.
THe idea that Wentzell wasn't prepared to take a plea when he probably does that shit multiple times a day is absolute bullshit lying. That means something happened at the last plea that prevented it. Nick said something that made the judge go 'Uhhh sounds like you're saying you're not guilty or you're being forced to plead guilty so I can't take your plea'
Nick probably said something about being forced by the state to plead which put the brakes on the whole thing.
A plea colloquy is generally something like this
Are you feeling the effects right now of any medication, drugs or alcohol that you have consumed?
Are you being treated by any medical or mental health professional?
Do you feel alert, awake and clear-headed today?
You have the right to have an attorney represent you during all stages of the proceedings. The court will appoint an attorney for you to serve at public expense if you cannot afford an 2 attorney of your own choice. Do you understand that?
Have you discussed this case completely with your attorney?
Are you confident that you understand your attorney's advice?
Have you listened carefully to that advice and thought about it in making your decision to plead guilty?
The decision to plead guilty must be your own decision, not your attorney's. Do you understand that?
Is this in fact your own decision to plead guilty?
Do you think that this is the best decision for you to make?
Is this decision also, at least in part, because you actually are guilty of the crime you intend to admit?
If I accept your guilty plea you will be convicted of the crime to which you are pleading guilty today, and you will not have a trial. Do you understand?
There are constitutional rights you would have at a trial, but you are giving them up permanently in this case by pleading guilty. I need to make sure that you understand the rights you are giving up.
and so on and so on, and they also get to questions like
Has anyone tried to force you or threatened you in any way to get you to plead guilty?
Has anybody done anything you think is improper, illegal or unethical in order to get you to plead guilty?
Except for what has already been stated here or what is in the written agreement, are there any other promises of any kind that have been made to you to get you to plead guilty?
This goes to the voluntariness of the plea.
And something Nick said, at some point in the Colloquy made the judge slam the brakes.