Criminal procedure
Change of Plea Hearing
A change of plea hearing is the proceeding where a defendant who pleaded not guilty formally pleads guilty on the record.
The judge conducts a colloquy: confirming the defendant is competent and not coerced, listing the rights being given up, stating the maximum penalties, and establishing a factual basis for the plea in the defendant's own words.
It is deliberately slow and repetitive because it is the record that defeats later claims that the plea was uninformed. Withdrawing a guilty plea after this hearing is difficult and requires a fair and just reason.
The factual basis portion is the most revealing part of the transcript. It is the one moment where the defendant describes the offense in their own words, and prosecutors use it later if the defendant tries to minimize conduct at sentencing.
How it appears on a docket
MINUTE ENTRY for Change of Plea Hearing held 5/6/2026. Defendant pleaded GUILTY to Count 1. Plea accepted. Sentencing set for 9/8/2026. PSR ordered.
Governing rule
Fed. R. Crim. P. 11(b)
Related terms
- Plea Agreement — A plea agreement is a written deal in which the defendant pleads guilty in exchange for concessions from the prosecutor, such as dropped counts or a sentencing recommendation.
- Allocution — Allocution is the defendant's chance to speak directly to the judge before the sentence is imposed.
More on criminal procedure
See this term in a real case
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