Colloquy (law)

In law, a colloquy is a routine, highly formalized conversation.^[1] Conversations among the judge and lawyers (as opposed to testimony under oath) are colloquies. The term may be applied to the conversation that takes place when a defendant enters into a plea bargain and the judge is supposed to verify that the defendant understands that he is waiving his right to a jury trial.^[2]

In criminal court, a colloquy is an investigation within a defendant's plea to reassure that the plea was given "knowingly, voluntarily, and intelligently".^[3] The defendant needs to understand the charges against him, the penalties that he will face, and his rights before entering into a guilty plea. In the US, that includes describing the rights guaranteed by the Fifth and Sixth Amendments as well as a caution that non-citizens who are convicted of crimes risk expulsion from the country. In appellate advocacy, back and forth between judges and attorneys are often referred to colloquies.

A defendant who denies guilt may still "plead down"—plead to a lesser offense than the accusation—provided the Court allows it and provided the accused intelligently concludes on an open record that a plea is in her/his best interest (such as avoiding incarceration or a more serious charge/conviction).

Notes

^ Colloquy definition, LSData; accessed October 25, 2023.
^ Plea colloquy, Legal Information Institute, Cornell Law School; accessed October 25, 2023.
^ Commonwealth v. Yoemans, 24 A.3d 1044 (Pa. Super. 2011), citing Commonwealth v. Fluharty, 632 A.2d 312, 314 (Pa. Super. 1993); accessed December 11, 2019.

Notes

See also