862.225.1965
A defendant in a criminal case may plead either guilty or not guilty to an offense. Rule 3:9-2. A defendant who enters a plea of guilty “simultaneously waives several constitutional rights, including his privilege against compulsory self-incrimination, his right to trial by jury, and his right to confront his accusers.” State v. Urbina, 221 N.J. 509, 525 (2015) (quoting McCarthy v. United States, 394 U.S. 459, 466 (1969)).
The trial court shall not accept a guilty plea without first questioning the defendant personally, under oath or by affirmation, as to whether: 1) there is a factual basis for the plea; 2) the plea is made voluntarily, not as a result of any threats or of any promises or inducements not disclosed on the record; and 3) the plea was made with an understanding of the nature of the charge and the consequences of the plea. Rule 3:9-2. A factual basis for a plea must include either an admission or an acknowledgment by the defendant of facts that meet “the essential elements of the crime.” State v. Tate, 220 N.J. 393, 405 (2015).
However, a trial court is not bound by the terms of a plea agreement negotiated and agreed to by the parties. State v. Bell, 250 N.J. 519, 542 (2022). The trial court can, in its discretion, refuse to accept a guilty plea. Rule 3:9-2. If the trial court refuses to accept a plea of guilty, no admission made by the defendant shall be admissible in evidence against the defendant at trial. Rule 3:9-2.
The standard for deciding a motion by a defendant to withdraw a plea is different if it occurs before or after sentencing. Motions made to withdraw a plea made prior to or at the time of sentencing are governed by the more liberal “interest of justice” standard in Rule 3:9-3(e). A pre-sentence motion to withdraw a guilty plea should be liberally granted by the court, and in close cases, the scales should usually tip in favor of the defendant. State v. Slater, 198 N.J. 145, 156 (2009).
In contrast, motions to withdraw a plea after sentencing are subject to a higher standard, the “manifest injustice” standard in Rule 3:21-1. A motion to withdraw a plea after sentencing must be substantiated by strong, compelling reasons. Id. at 160. Trial courts deciding post-sentencing motions apply a more stringent standard and weigh more heavily the State’s interest in finality. Ibid. The interest in finality is greater after sentencing, and thus the standard for withdrawing a guilty plea is more onerous. State v. Munroe, 210 N.J. 429, 441 (2012).
Under either the interest of justice or the manifest injustice standard, a plea may only be set aside in the exercise of the court’s discretion. State v. Slater, 198 N.J. at 156. Generally, in order to assess a motion to withdraw a guilty plea, either before or after sentencing (under the above standards), the trial court is governed by the following factors: (1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant’s reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the accused. State v. Slater, 198 N.J. at 157-158. No one Slater factor is mandatory; if one is missing, that does not automatically disqualify or dictate relief. Id. at 162.
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