Skip to main content

What is "factual basis" in a criminal hearing?

Utica, NY |

My understanding is that if one pleads guilty as charger or is offered a plea that there has to be a factual basis. What exactly does that mean?

+ Read More

Attorney answers 3

Posted

It means that the defendant will have to tell the court that s/he is guilty and tell the court specifically what it was that s/he did that actually makes him/her guilty. Basically s/he would have to tell the court what happened.
---------------------------------------- This email was sent by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.avvo.com/?qs=ca954570a6636111027cba98f04562c7291d1db1840160607b065daa8c27412e5d7f92b6205d6571 ) ----------------------------------------

Posted

There has to be a factual reason for the defendant to plead guilty otherwise a judge cannot take a plea of guilty.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Posted

you would have to show the facts that constituted the elements of the crime charged