Knowingly and Voluntarily The U.S. States Supreme Court has consistently ruled that every time a defendant pleas guilty, or in the alternative, no contest, the plea is required to be knowingly, intelligently and voluntarily. Most defendants typically enter a plea of not guilty at the beginning of the court proceedings. The majority will change their plea from not guilty to guilty or in the alternative no contest in order to take advantage of an reduced sentence or charge extended by the State. Many defendants will change their plea to guilty or nolo contendre with no offer or after rejecting an offer from the state thereby leaving the sentence to the court alone. This is called "pleading open." When a defendant enters a plea or changes a plea to guilty or nolo contendre, the judge must question the defendant before accepting the plea or sentencing the defendant to ensure that the defendant's plea is knowingly, intelligently and voluntarily. The presiding judge must ask the defendant multiple questions to ensure that the individual knows his rights, the rights that he is giving up by changing his plea & the potential consequences for changing his plea. If an individual isn't advised by the judge of the potential consequences, the individual canlater move to vacate the plea pursuant to Florida Rule of Criminal Procedure 3.850 by claiming that the plea was not voluntary. In the case of Ramos v. State of Florida, the district court of appeal overturned the circuit court and remanded for additional proceedings in a DUI case. The First District Court held that it was reversible error to impose sentence on the defendant, when the defendant spoke very broken English, without the use of a qualified interpreter. For additional information regarding Criminal Attorney (https://storify.com/loanthanh1/fourth-district-court-of-appeal-reverses-circuit-c) or Fort Lauderdale DUI Lawyer (https://storify.com/loanthanh1/fourth-district-court-of-appeal-reverses-circuit-c) or please contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700 Fort Lauderdale, FL 33301 (954)990-0525