Commonwealth v. Gomez: A Conditional Victory for Defendants
Earlier this month, the Supreme Judicial Court held that a defendant has a right to enter a “conditional plea.” A conditional plea allows a defendant to plead guilty but preserves the defendant’s right to appeal some of the trial court’s rulings on legal issues. If the defendant wins the appeal, the plea becomes unenforceable; it is essentially void. For defendants who have legal defenses to charges – like, for example, a motion to suppress, or a challenge to the government’s interpretation of the reach of a particular criminal provision – a conditional plea is often the only meaningful way for defendants to challenge a lower court’s ruling. CONTINUE READING ›