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California Penal Code Section 1018

Legal Research Home > California Laws > Penal Code > California Penal Code Section 1018

1018.  Unless otherwise provided by law, every plea shall be entered
or withdrawn by the defendant himself or herself in open court. No
plea of guilty of a felony for which the maximum punishment is death,
or life imprisonment without the possibility of parole, shall be
received from a defendant who does not appear with counsel, nor shall
that plea be received without the consent of the defendant's
counsel. No plea of guilty of a felony for which the maximum
punishment is not death or life imprisonment without the possibility
of parole shall be accepted from any defendant who does not appear
with counsel unless the court shall first fully inform him or her of
the right to counsel and unless the court shall find that the
defendant understands the right to counsel and freely waives it, and
then only if the defendant has expressly stated in open court, to the
court, that he or she does not wish to be represented by counsel. On
application of the defendant at any time before judgment or within
six months after an order granting probation is made if entry of
judgment is suspended, the court may, and in case of a defendant who
appeared without counsel at the time of the plea the court shall, for
a good cause shown, permit the plea of guilty to be withdrawn and a
plea of not guilty substituted. Upon indictment or information
against a corporation a plea of guilty may be put in by counsel. This
section shall be liberally construed to effect these objects and to
promote justice.
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Last modified: March 17, 2014