What is the name of your state? Iowa
I just wanted people to know that lawyers can make a plea-bargain on your behalf, and get you convicted, even if you don't consent to the plea.
It does not matter that state law explicitly requires a judge to verify consent, because there is no mechanism for ensuring that judges follow the law. This actually happened to me: I was 'pled' guilty without ever appearing before a judge, the prosecutor, or a court recorder. I did not sign anything, I did not agree to anything, I was not present when this plea was made, and I informed my lawyer verbally and in writing that I did not wish to accept a plea-bargain, and that I wanted this to go to trial. I was not guilty of the crime in question, and my constitutional right to a trial was completely ignored.
I've told this to other people, who insist that it's outrageously unbelievable, and must therefore be untrue -- but it is true. Why did my lawyer do this? I don't know... I like to think that he genuinely believed this to be in my best interest, but it certainly wasn't his decision to make. Heh, I think it would be interesting to try and understand the burden of blame which should be divided between the judge, prosecutor, and 'my' lawyer -- who exactly dropped the ball here? I suppose, as I read the law itself, it seems that it was the judge who ultimately failed.
The criminal-justice system is clearly broken, and there is no way to appeal in such a situation (unless you are wealthy).Iowa Rules of Criminal Procedure, Rule 2.8 Arraignment and plea: <-- VIOLATED
The court... shall not accept a plea of guilty without first determining that the plea is made voluntarily and intelligently and has a factual basis. Before accepting a plea of guilty, the court must address the defendant personally in open court and inform the defendant of, and determine that the defendant understands...
Meanwhile, I now have a criminal-history destroying my life and career opportunities.