How does plea bargaining work in Indiana?

1. Constitutional Framework

Sixth Amendment effective-counsel rights apply throughout plea bargaining (Lafler v. Cooper; Missouri v. Frye). A plea must be knowing, voluntary, and intelligent (Boykin v. Alabama).

2. Types of Pleas

Indiana recognizes guilty pleas. Nolo contendere is not authorized for adult criminal cases. Alford-type pleas are permitted only in limited circumstances (Ross v. State), and Indiana courts have historically been wary of them.

3. Charge vs Sentence Bargaining

Both occur. Sentence bargaining is heavily influenced by Indiana's advisory sentencing scheme (Ind. Code § 35-50-2) and habitual offender enhancements.

4. Judicial Role

Indiana judges may not participate in plea negotiations. Once the judge accepts a plea agreement, however, § 35-35-3-3(e) makes the court 'bound by its terms' — distinguishing Indiana from most states.

5. Plea Colloquy

Ind. Code § 35-35-1-2 requires the court to inform the defendant of the nature of the charge, maximum and minimum sentence, possibility of an enhanced sentence based on prior convictions, rights waived (jury, confrontation, self-incrimination, etc.), and immigration consequences (Padilla v. Kentucky; § 35-35-1-2(a)(8)).

6. Withdrawal of Plea

§ 35-35-1-4(b): before sentencing the court 'may' allow withdrawal 'for any fair and just reason' and 'shall' allow withdrawal to prevent manifest injustice. After sentencing, withdrawal requires manifest injustice via post-conviction proceedings.

7. Conditional Pleas

Indiana does not have a true conditional plea statute; a guilty plea waives most non-jurisdictional issues, including suppression rulings (Alvey v. State).

8. Sentence Recommendation vs Bargain

Because accepted plea agreements bind the court (§ 35-35-3-3), the parties' agreed sentence becomes the sentence; the court's choice is to accept the agreement or reject it outright.

9. Plea Statistics

About 95% of Indiana felony convictions are by plea.

This is legal information, not legal advice.