The judge shall not accept a plea of guilty or nolo contendere without first determining, on the record, that the plea is voluntary. By inquiry of the prosecuting attorney and defense counsel, the judge should determine whether the tendered plea is the result of prior plea discussions and a plea agreement, and, if it is, what agreement has been reached. If the prosecuting attorney has agreed to seek charge or sentence leniency which must be approved by the judge, the judge must advise the defendant personally that the recommendations of the prosecuting attorney are not binding on the judge. The judge should then address the defendant personally and determine whether any other promises or any force or threats were used to obtain the plea.
Rule 33.7.Determining Voluntariness of Plea
Rule 33. PLEADING BY DEFENDANT · Last amended 1997 · Last verified July 17, 2026
In one sentenceRule 33.7 requires the judge to confirm, on the record and before accepting a guilty or nolo plea, that the defendant is entering it of free will — steps that include asking about any earlier plea agreement, warning the defendant that a prosecutor’s sentencing recommendation doesn’t control the court, and, as recommended practice, questioning the defendant directly about promises, force, or threats.
Full Text of Rule 33.7
Plain-English Summary
Rule 33.7 makes voluntariness a threshold the judge has to clear on the record before taking a guilty or nolo plea, not something assumed. The judge cannot accept the plea without first confirming, in a way that shows up in the transcript, that the defendant is entering it freely.
Getting there starts with questions to both lawyers: did earlier negotiations produce this plea, and if an agreement resulted, what does it provide? Where the prosecutor has promised to push for leniency that needs the judge’s sign-off, the judge has to tell the defendant directly that the court doesn’t have to follow the prosecutor’s recommendation — it can still be rejected. Then the judge turns to the defendant and asks whether anything else — an unstated promise, force, or a threat — led to the plea.
The point is to catch coercion or misunderstanding before it hardens into a conviction. A defendant who pleads under a threat, or who believes a prosecutor’s recommendation guarantees a particular outcome, has not made the kind of free choice this rule demands.
Frequently Asked Questions
What must the judge determine before accepting a guilty or nolo contendere plea?
That the plea is voluntary, established on the record.
Does the judge ask about plea agreements before accepting a plea?
Yes. The judge asks both the prosecutor and defense counsel whether earlier negotiations produced the plea and, if an agreement resulted, what it provides.
Is a judge bound by a prosecutor’s sentencing recommendation?
No. When the prosecutor has promised to seek leniency that needs the judge’s approval, the judge must tell the defendant directly that the court doesn’t have to follow that recommendation.
Does the judge question the defendant personally about threats or other promises?
Rule 33.7 calls for the judge to address the defendant directly and ask whether anything beyond what has already come out — an unstated promise, force, or a threat — produced the plea. This step is phrased as guidance the judge should follow in reaching the mandatory finding that the plea was voluntary, rather than as a separately compelled act.
Who determines whether a plea was voluntary?
The judge, based on findings made on the record.
Amendment History
Amended effective October 9, 1997.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: voluntariness of guilty plea GeorgiaUSCR 33.7judge plea colloquy Georgia Superior Courtprosecutor recommendation not binding on judge GeorgiaGeorgia plea free from threats or promises rule