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This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (November 2009) A plea colloquy, in United States criminal procedure, is a conversation between a judge and a criminal defendant who has been sworn under oath, which must occur when the defendant enters a guilty plea in court in order for the plea to be valid.[1] The United States Supreme Court has crafted a doctrine which requires the court to engage in a specific line of inquiry. Because a guilty plea must be made intelligently, knowingly, and voluntarily, the court must advise the defendant of the following things: The nature of the charge The potential penalties which might result from the plea, including any mandatory minimum sentence The defendant's rights to not plead guilty, and to request a jury trial. The court must ask the defendant if he understands each of these points, and must receive a voluntary affirmative response. Many courts use a script of the questions which the judge will ask the defendant and the defense attorney in a specific order. Failure by the court to advise the defendant of any of the above points will supply the grounds for a collateral attack on the plea; if such an attack is successful, the guilty plea will be withdrawn, and the defendant will be given the opportunity to enter a new plea. The court can accept and bind the defendant to a guilty plea, even if the defendant insists that he is innocent, and merely taking the plea to avoid conviction by a jury. Pursuant to the Sixth Amendment to the U.S. Constitution, a criminal defendant has the right to be represented by an attorney during a plea colloquy; failure of the state to provide an attorney to an indigent defendant during such proceedings is grounds for an appeal. It is possible - but very difficult - for a defendant who is so represented to have a plea thrown out due to ineffective assistance of counsel. The defendant must make a positive showing that but for the erroneous advice of counsel, he would not have chosen to plead guilty. External links A scripted plea colloquy from a U.S. magistrate court v · d · eCriminal procedure (investigation) Criminal investigation Arrest warrant · Search warrant · Probable cause · Knock-and-announce · Exigent circumstance · Reasonable suspicion · Search and seizure · Search of persons · Arrest · Detention · Right to silence · Miranda warning · Suspect Criminal prosecution Statute of limitations · Nolle prosequi · Bill of attainder · Grand jury · Ex post facto law · Criminal jurisdiction · Deferred prosecution agreement · Extradition · Habeas corpus · Bail · Inquisitorial system · Adversarial system Charges and pleas Alford plea · Arraignment · Information · Indictment · Plea · Peremptory plea · Nolo contendere · Plea bargain · Presentence Investigation Related areas Criminal defenses · Criminal law · Evidence · Legal abuse Criminal justice portal · Law portal Wiktionary · Wikibooks · Wikiquote · WikiSource · Wikimedia Commons · Wikinews · Wikiversity ^ "Federal Rules of Criminal Procedure, Rule 11(b)". Federal Rules of Criminal Procedure. Cornell Law. 2010-04-20.