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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?

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Attorney answers 3


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.
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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.


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