6.16Guilty and Nolo Contendere Pleas1
The court rules expressly applicable to procedural matters involving criminal offenses cognizable in district court and those offenses cognizable in circuit court each contain provisions concerning guilty pleas and nolo contendere (no contest)2 pleas. MCR 6.610(F) outlines the required procedure by which a district court may accept a defendant’s plea of guilty or nolo contendere. MCR 6.302 outlines the same procedure, albeit with more detail, for accepting a defendant’s plea of guilty or no contest to a charged offense cognizable in circuit court.3 See the Michigan Judicial Institute’s Criminal Pretrial/Trial Quick Reference Materials web page for several resources that may prove useful in conducting plea proceedings involving guilty and no contest pleas.
“Before accepting a plea of guilty or nolo contendere, the [district] court shall in all cases comply with [MCR 6.610].” MCR 6.610(F). MCR 6.610(F)(1) provides:
“The court shall determine that the plea is understanding, voluntary, and accurate. In determining the accuracy of the plea,
(a) if the defendant pleads guilty, the court, by questioning the defendant, shall establish support for a finding that [the] defendant is guilty of the offense charged or the offense to which the defendant is pleading, or
(b) if the defendant pleads nolo contendere, the court shall not question the defendant about the defendant’s participation in the crime, but shall make the determination on the basis of other available information.”
MCR 6.302 describes a detailed process by which the circuit court is to determine whether a plea is understanding, voluntary, and accurate.4 See MCR 6.302(B)-(D).
1 See Section 6.4 for discussion of sentence bargains.
2 A no contest plea is generally recognized as an alternative to a guilty plea. See MCR 6.610(F)(1)(b).
3 Although the rules set out in subchapter 6.300 of the Michigan Court Rules are not specifically applicable to district court proceedings, see MCR 6.001(B), these rules may be instructive whenever MCR 6.610 does not supply a rule specific to plea proceedings involving offenses cognizable in district court.
4 Although the rules set out in subchapter 6.300 of the Michigan Court Rules are not specifically applicable to district court proceedings, see MCR 6.001(B), these rules may be instructive whenever MCR 6.610 does not supply a rule specific to plea proceedings involving offenses cognizable in district court.