In a criminal trial, can the defendant decide if to plead guilty AFTER the process of discovery?

A defendant can plead guilty at any point in time prior to conviction so long as they are willing to accept whatever sentence the judge may give them. Most defendants want a negotiated plea deal in exchange for their guilty plea, however, and a prosecutor may or may not be willing to offer them anything right after discovery.

@SavoirFaire: Thank you for the answer. While we’re on the subject, if it’s possible to ask here, can the defendant change its plead from guilty to not guilty before the verdict?

A defendant can attempt to withdraw their plea at any time prior to sentencing, but there is no absolute right to do so. The rule that governs this requires the defendant to demonstrate that there is a “fair and just reason” to allow the plea to be withdrawn.

Unfortunately, there is no concrete standard for what constitutes a “fair and just reason,” but it typically requires:

(1) a declaration of innocence (which must include some sort of legal or factual basis),

(2) an explanation of the request’s timing (pleas cannot be withdrawn for merely strategic reasons, so there must be a plausible justification for why the plea is being withdrawn at a particular time), and

(3) a finding that withdrawing the plea would not unreasonably hinder the prosecutor from renewing their pursuit of the case should they choose to do so (though strong enough evidence of innocence can negate this).

If one pleads guilty, there is no reason to have a trial. But, in a trial, one is presumed to be innocent until proven guilty. The defendant may wish to plead guilty, but his lawyer may decide otherwise.

A lawyer cannot override their client’s wishes. This has been the general assumption in legal circles for a very long time, but it was recently affirmed by the US Supreme Court in McCoy v. Louisiana (2018).

@SavoirFaire: I’ve thought a bit about this, and I have a question related to this thread: If a defense lawyer manages to negotiate a plea deal (say, lowering jail time), that the defendant then refuses: Does that make the lawyer appear negligent?

@luigirovatti Please explain how, if the lawyer does her/his job and defendant refuses the lowered jail time; how is the defense lawyer negligent ??

@Tropical_Willie: Evidently, because the defense lawyer acted out without the client’s consent.

No that is not how it works in the United States of American maybe where you are BUT not USA.

They can ask for a new lawyer but a revolving door of lawyers is not a defense for the accused. They go to trial and take their chances.

A lawyer is NOT going to negotiate a lower sentence if the think they can get the defendant off. But if the DA has three eye witnesses, fingerprints at the scene, motive and the murder weapon with the defendant’s fingerprint on it.

I would negotiate for a lower sentence.

@luigirovatti Negotiating a plea deal is not an official court action. It is something done outside of the courtroom by the prosecution and the defense. So while it would be violating their client’s wishes for a defense attorney to force them to accept a plea deal that they didn’t want, merely discussing it with the prosecution in order to see if they can work out something that their client would find acceptable is well within their job description.