avoiding incarceration, a more serious charge/convicton).ĭuring this colloquy, Passepartout was as white as a sheet, and Fix seemed on the point of having an apoplectic fit. 2) Provided accused intelligently concludes on an open record that a plea is in her/his best interest. In the United States, that includes describing the rights guaranteed by the Fifth and Sixth Amendments as well as a caution that non-citizens who are convicted of crimes risk expulsion from the country.Ī Defendant who denies guilt may still "plead down" (lesser offense than accusation) but: 1) Provided Court allows it. Defendant needs to understand the charges against him, the penalties that he will face, and his rights before entering into a guilty plea.
In criminal court, a colloquy is an investigation within a defendant's plea to reassure that the plea was given knowingly, voluntarily, and intelligently. The term may be applied to the conversation that takes place when a defendant enters into a plea bargain and the judge is supposed to verify that the defendant understands that he is waiving his right to a jury trial.
Conversations among the judge and lawyers (as opposed to testimony under oath) are colloquys. In law, a colloquy is a routine, highly formalized conversation.
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