THE COURTS
CARBON COUNTY
Amendment of Local Rule of Criminal Procedure CARB.R.CRIM.P 590 Plea and Plea Agreements; 103 MI 00
[34 Pa.B. 3587]
Administrative Order No. 18-2004 And Now, this 25th day of June, 2004, in order to correct an error on the form titled Nolo Contendere Colloquy, it is hereby
Ordered and Decreed that, effective July 1, 2004, Carbon County Amends the form titled Nolo Contendere Colloquy following this Local Rule of Criminal Procedure.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order in the Clerk of Court's Office.
By the Court
RICHARD W. WEBB,
President JudgeRule 590 Plea and Plea Agreements
When counseling a defendant relative to the entry of a plea of guilty or nolo contendere, counsel shall review and explain to the defendant the contents of the Guilty Plea Colloquy form or Nolo Contendere Colloquy form, which are attached hereto. If the Defendant is charged and to be sentenced under Megan's Law, counsel shall review the attached Megan's Law Supplement To Guilty Plea Colloquy form as required by 42 Pa.C.S.A. § 9795.3 (6). Such forms shall be initialed and signed by the defendant. Defendant counsel's signature thereon shall constitute a certification by the attorney that he/she has read, discussed, and explained the plea form and, if required, the Megan Law form to the defendant, and that to the best of his/her knowledge, information, or belief, his/her client understands what he/she is doing by entering his/her plea.
Guilty Plea Colloquy and Megan Law Supplement forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : -vs.- : NO. _________________ : Defendant :
GUILTY PLEA COLLOQUY You are present before this Court because you or your lawyer have stated that you wish to plead guilty to some or all of the criminal offenses with which you have been charged. Please answer fully all the questions on this document. If you do not understand any explanations given to you on this document, say so by putting the word ''no'' in the blank provided after the questions. If you do understand the questions, you should write in the word ''yes.'' None of the lines should be left blank.
After you have finished reading this and filling it out, you should sign it on the last page, on the line that says ''Defendant.'' You should also initial each page at the bottom, but only if you have read and have understood that page. If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case, so that they can explain it to you fully, to make sure you understand all your rights.
Most of these questions are designed to be answered ''yes'' or ''no.'' Where general information is asked for, however, please answer fully.
1. What is your full name? __________
2. Are you known by any other name or alias? __________
3. If the answer to Number 2 is ''yes'' state the other name or aliases. __________
4. What is your date of birth? __________
5. What was the last grade completed in school? __________
6. Can you read, write and understand the English language? __________
7. As you appear before the Court today to enter a guilty plea, are you under the influence of alcohol or any kind of drugs? __________
8. Have you ever been a patient in a mental institution or have you ever been treated for a mental illness? __________
9. If the answer to Number 8 is ''yes,'' please explain the details. __________
10. Are you currently being treated for a mental illness? __________
11. If the answer to Number 10 is ''yes,'' explain the details. __________
__________12. If you are presently being treated for a mental illness, do you feel that you have sufficient mental capacity to understand what you are doing today, and to understand these questions and answer them correctly? __________
13. Do you understand that you are here today to enter a guilty plea to some or all of the charges against you? __________
14. Do you understand the nature of the offenses to which you are pleading guilty? __________
15. Has your lawyer explained to you the elements of the criminal offenses to which you are pleading? __________
16. Do you admit to committing the offenses to which you are pleading guilty and to the legal elements explained to you making up those offenses? __________
17. Do you understand that you have a right to a trial by jury? __________
18. Do you understand that the right to trial by jury means that you can participate in the selection of a jury with your attorney; that the jury is randomly selected from the voter registration list of Carbon County and a cross-section of the citizens of Carbon County, and that the jury has to agree unanimously on your guilt before you can be convicted of the offenses with which you are charged? __________
19. Do you understand that you are presumed innocent until found guilty? In other words, do you understand that the Commonwealth must prove your guilt beyond a reasonable doubt before you can be convicted of the offenses charged?
__________20. Do you understand that the Commonwealth has the burden of proving you guilty beyond a reasonable doubt, which means you can remain silent and nothing can be held against you for refusing to testify in your own defense? __________
21. Do you understand that you have a right to confront and cross-examine all Commonwealth witnesses in your case who are necessary to prove your guilt? __________
22. Do you understand that by pleading guilty you are waiving that right of confrontation and cross-examination?
__________23. Do you realize that by pleading guilty you are giving up your right to present any pre-trial motions for consideration to this or a higher Court in the event those motions are denied? __________
24. Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and raise any errors that were committed in the trial Court, and that this could result in your being awarded a new trial or discharged, and that by pleading guilty you are giving up this right? __________
25. Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and you could also challenge whether the Commonwealth had presented enough evidence to prove you guilty beyond a reasonable doubt? __________
26. Are you aware that the Court is not bound by the terms of any plea agreement entered into between you, your counsel and the Attorney for the Commonwealth, until the Court accepts such plea agreement? __________
27. Do you understand that the Court is not a party to any agreement or recommendation made by the parties and that any recommendation and/or stipulation regarding sentence is not binding on the Court and you knowingly waive the right to withdraw this plea if the Court does not concur in the recommended sentence? __________
28. Are you aware of the permissible range of sentence and/or fines that can be imposed for the offenses to which you are pleading guilty? __________
29. Are you aware of the maximum sentence and/or fine, which the Court could impose upon you for each of the offenses to which you are pleading guilty? __________
30. Do you understand that any sentence imposed upon you for any of the offenses to which you are pleading guilty can be imposed consecutively to either (a) any sentence imposed upon you for any other offense for which you are pleading guilty in this case; or (b) any sentence imposed upon you in any other case? __________
31. Do you understand that ''consecutive'' sentences means that one sentence will follow after another and that ''consecutive'' sentences do not run at the same time? __________
32. Do you understand that the aggregate maximum sentence you could receive if you are pleading guilty to multiple offenses is the total of all maximum sentences for all the offenses added together? __________
33. Do you understand that you have a right to have witnesses present at your guilty plea hearing to testify for you? Are you willing to give up that right and have the Attorney for the Commonwealth summarize the facts against you?
__________34. After you enter your guilty plea and it is accepted by the Court, you still have a right to appeal your conviction. The appeal from a guilty plea is limited, however, to four grounds. They are:
(a) that your guilty plea was not knowing, intelligent and voluntary;
(b) that the Court did not have jurisdiction to accept your plea (in other words, the offenses for which you are pleading guilty did not occur in Carbon County);
(c) that the Court's sentence is beyond the maximum penalty authorized by law; and
(d) that your attorney was incompetent in representing you and advising you to enter a plea of guilty
Do you understand these four areas of appeal and what they mean? __________
In order to appeal your conviction by a plea of guilty, you must within ten (10) days file a written motion to withdraw your guilty plea and state any of the four above grounds as the basis for your petition to withdraw your guilty plea. This must be done within ten (10) days from the date you are sentenced. If you cannot afford a lawyer to represent you or you are contending that your attorney, who represented you at your guilty plea, was incompetent, you have the right to have other counsel appointed for you to raise those four claims. If your petition to withdraw your guilty plea is denied, you then have thirty (30) days to file an appeal from that denial with the Superior Court of Pennsylvania.
If you do not file your petition within ten (10) days of your sentence or do not file a Notice of Appeal to the Superior Court within thirty (30) days after your petition to withdraw your guilty plea is denied, you give up your right to ever complain again of any of those four areas, including incompetent counsel.
Do you understand the meaning of the various appeal rights that have just been explained to you? __________
35. Has anybody forced you to enter this plea of guilty? __________
36. Are you doing this of your own free will? __________
37. Have any threats been made to you to enter a plea of guilty? __________
38. Have any promises been made to you to enter a plea of guilty other than any plea agreement that has been negotiated for you by your attorney? __________
39. Do you understand that the decision to enter a guilty plea is yours and yours alone; that you do not have to enter a plea of guilty and give up all your rights, as previously explained to you and that no one can force you to enter a guilty plea? __________
40. Do you understand that if your plea is accepted by this Honorable Court, you would have the right to have a Pre-Sentence Report prepared on your behalf to aid the Judge in determining the appropriate sentence to be imposed upon you? Since this is a plea bargain, are you willing to waive the preparation of the pre-sentence investigation? ______ (if applicable)
41. Are you presently on probation or parole? __________
42. If you are on probation or parole, do you realize that your plea of guilty will mean a violation of that probation or parole and you can be sentenced to prison as a result of that violation caused by your guilty plea today? __________
43. Are you satisfied with the representation of your attorney? __________
44. Have you had ample opportunity to consult with your attorney before reading this document and entering your plea of guilty? __________
45. Has your attorney gone over with you the meaning of the terms in this document? __________
I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of guilty to the offenses specified. I further affirm that my signature and initials on each page of this document are true and correct.
Date: _________________ ___________________________ Defendant I, ______ , Esquire, Attorney for ______ , state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading guilty.
Date: _________________ ___________________________ Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : -vs.- : NO. _________________ : Defendant :
NOLO CONTENDERE COLLOQUY You are present before this Court because you or your lawyer have stated that you wish to plead Nolo Contendere to some or all of the criminal offenses with which you have been charged. Please answer fully all the questions on this document. If you do not understand any explanations given to you on this document, say so by putting the word ''no'' in the blank provided after the questions. If you do understand the questions, you should write in the word ''yes.'' None of the lines should be left blank.
After you have finished reading this and filling it out, you should sign it on the last page, on the line that says ''Defendant.'' You should also initial each page at the bottom, but only if you have read and have understood that page. If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case, so that they can explain it to you fully, to make sure you understand all your rights.
Most of these questions are designed to be answered ''yes'' or ''no.'' Where general information is asked for, however, please answer fully.
1. What is your full name? __________
2. Are you known by any other name or alias? __________
3. If the answer to Number 2 is ''yes,'' state the other names or aliases. __________
4. What is your date of birth? __________
5. What was the last grade completed in school? __________
6. Can you read, write and understand the English language? __________
7. As you appear before the Court today to enter a plea of Nolo Contendere, are you under the influence of alcohol or any kind of drugs? __________
8. Have you ever been a patient in a mental institution or have you ever been treated for a mental illness? __________
9. If the answer to Number 8 is ''yes,'' please explain the details. __________
10. Are you currently being treated for a mental illness? __________
11. If the answer to Number 10 is ''yes,'' explain the details. __________
__________12. If you are presently being treated for a mental illness, do you feel that you have sufficient mental capacity to understand what you are doing today, and to understand these questions and answer them correctly? __________
13. Do you understand that you are here today to enter a plea of Nolo Contendere to some or all of the charges against you? __________
14. Do you understand the nature of the offenses to which you are pleading Nolo Contendere? __________
15. Has your lawyer explained to you the elements of the criminal offenses to which you are pleading? __________
16. Do you understand that by entering a plea of nolo contendere the Court will accept the facts concerning this case as presented by the Commonwealth during the nolo contendere proceeding as being the facts of this case? __________
17. Do you understand that you have a right to a trial by jury? __________
18. Do you understand that the right to trial by jury means that you can participate in the selection of a jury with your attorney; that the jury is randomly selected from the voter registration list of Carbon County and a cross-section of the citizens of Carbon County, and that the jury has to agree unanimously on your guilt before you can be convicted of the offenses with which you are charged? __________
19. Do you understand that you are presumed innocent until found guilty? In other words, do you understand that the Commonwealth must prove your guilt beyond a reasonable doubt before you can be convicted of the offenses charged?
__________20. Do you understand that the Commonwealth has the burden of proving you guilty beyond a reasonable doubt, which means you can remain silent and nothing can be held against you for refusing to testify in your own defense? __________
21. Do you understand that you have a right to confront and cross-examine all Commonwealth witnesses in your case who are necessary to prove your guilt? __________
22. Do you understand that by pleading Nolo Contendere you are waiving that right of confrontation and cross-examination? __________
23. Do you realize that by pleading Nolo Contendere you are giving up your right to present any pre-trial motions for consideration to this or a higher Court in the event those motions are denied? __________
24. Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and raise any errors that were committed in the trial Court, and that this could result in your being awarded a new trial or discharged, and that by pleading Nolo Contendere you are giving up this right? __________
25. Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and you could also challenge whether the Commonwealth had presented enough evidence to prove you guilty beyond a reasonable doubt? __________
26. Are you aware that the Court is not bound by the terms of any plea agreement entered into between you, your counsel and the Attorney for the Commonwealth, until the Court accepts such plea agreement? __________
27. Do you understand that the Court is not a party to any agreement or recommendation made by the parties and that any recommendation and/or stipulation regarding sentence is not binding on the Court and you knowingly waive the right to withdraw this plea if the Court does not concur in the recommended sentence? __________
28. Are you aware of the permissible range of sentence and/or fines that can be imposed for the offenses to which you are pleading Nolo Contendere? __________
29. Are you aware of the maximum sentence and/or fine which the Court could impose upon you for each of the offenses to which you are pleading Nolo Contendere? __________
30. Do you understand that any sentence imposed upon you for any of the offenses to which you are pleading Nolo Contendere can be imposed consecutively to either (a) any sentence imposed upon you for any other offense for which you are pleading Nolo Contendere in this case; or (b) any sentence imposed upon you in any other case? __________
31. Do you understand that ''consecutive'' sentences means that one sentence will follow after another and that ''consecutive'' sentences do not run at the same time? __________
32. Do you understand that the aggregate maximum sentence you could receive if you are pleading Nolo Contendere to multiple offenses is the total of all maximum sentences for all the offenses added together? __________
33. Do you understand that you have a right to have witnesses present at your Nolo Contendere plea hearing to testify for you? Are you willing to give up that right and have the Attorney for the Commonwealth summarize the facts against you? __________
34. After you enter your Nolo Contendere plea and it is accepted by the Court, you still have a right to appeal your conviction. The appeal from a Nolo Contendere plea is limited, however, to four grounds. They are:
(a) that your Nolo Contendere plea was not knowing, intelligent and voluntary;
(b) that the Court did not have jurisdiction to accept your plea (in other words, the offenses for which you are pleading Nolo Contendere did not occur in Carbon County);
(c) that the Court's sentence is beyond the maximum penalty authorized by law; and
(d) that your attorney was incompetent in representing you and advising you to enter a plea of Nolo Contendere
Do you understand these four areas of appeal and what they mean? __________
In order to appeal your conviction by a plea of Nolo Contendere, you must within ten (10) days file a written motion to withdraw your Nolo Contendere plea and state any of the four above grounds as the basis for your petition to withdraw your Nolo Contendere plea. This must be done within ten (10) days from the date you are sentenced. If you cannot afford a lawyer to represent you or you are contending that your attorney, who represented you at your Nolo Contendere plea, was incompetent, you have the right to have other counsel appointed for you to raise those four claims. If your petition to withdraw your Nolo Contendere plea is denied, you then have thirty (30) days to file an appeal from that denial with the Superior Court of Pennsylvania.
If you do not file your petition within ten (10) days of your sentence or do not file a Notice of Appeal to the Superior Court within thirty (30) days after your petition to withdraw your Nolo Contendere plea is denied, you give up your right to ever complain again of any of those four areas, including incompetent counsel.
Do you understand the meaning of the various appeal rights that have just been explained to you? __________
35. Has anybody forced you to enter this plea of Nolo Contendere? __________
36. Are you doing this of your own free will? __________
37. Have any threats been made to you to enter a plea of Nolo Contendere? __________
38. Have any promises been made to you to enter a plea of Nolo Contendere other than any plea agreement that has been negotiated for you by your attorney? __________
39. Do you understand that the decision to enter a plea of Nolo Contendere is yours and yours alone; that you do not have to enter a plea of Nolo Contendere and give up all your rights, as previously explained to you and that no one can force you to enter a Nolo Contendere plea? __________
40. Do you understand that if your plea is accepted by this Honorable Court, you would have the right to have a Pre-Sentence Report prepared on your behalf to aid the Judge in determining the appropriate sentence to be imposed upon you? Since this is a plea bargain, are you willing to waive the preparation of the pre-sentence investigation? ______ (if applicable)
41. Are you presently on probation or parole? __________
42. If you are on probation or parole, do you realize that your plea of Nolo Contendere will mean a violation of that probation or parole and you can be sentenced to prison as a result of that violation caused by your Nolo Contendere plea today? __________
43. Are you satisfied with the representation of your attorney? __________
44. Have you had ample opportunity to consult with your attorney before reading this document and entering your plea of Nolo Contendere? __________
45. Has your attorney gone over with you the meaning of the terms in this document? __________
I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of Nolo Contendere to the offenses specified. I further affirm that my signature and initials on each page of this document are true and correct.
Date: _________________ ___________________________ Defendant I, ______ , Esquire, Attorney for ______ , state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading Nolo Contendere.
Date: _________________ ___________________________ Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : -vs.- : NO. : _________________ : Defendant
MEGAN'S LAW SUPPLEMENT TO GUILTY PLEA COLLOQUY One or more of the offenses to which you are pleading guilty will make you subject to the registration and notification provisions of Megan's Law relating to sexual offenders.
The purpose of the following questions is to make certain that you understand how these provisions will affect you. Please answer all questions ''Yes'' or ''No.'' If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case so that they can explain it to you fully to make sure you understand all of your rights.
After you have read and filled out this form, you should sign it on the last page (on the line marked ''Defendant''). You should also initial each page at the bottom where indicated, but only if you have read and have understood that page.
1. Do you understand that as a result of your conviction you will be required to register with the Pennsylvania State Police and inform them of your current address and any change of address within ten (10) days of such change? __________
2. Do you understand that failure to register or to update your registration is itself a crime, which may subject you to penalties, including imprisonment? __________
3. Do you understand that your registration information will be provided by the Pennsylvania State Police to the local police department of any community in which you may live? __________
4. Do you understand that the registration requirements will continue for the time period specified: _____ ten (10) years _____ for the rest of your life? __________
5. If this line _____ is checked, do you understand that the District Attorney has the right to request the Court to hold a hearing to determine whether you are a sexually violent predator, and if you are determined to be a sexually violent predator you will be subject to additional registration and notification requirements? These will include:
Notification to your victim of your current address.
Notification to your neighbors of your name and address, the offense of which you were convicted, the fact that you have been determined to be a sexually violent predator, which notification may be accompanied by your photograph.
The foregoing notification will also be sent to the local children and youth services agency, superintendent of schools, daycare centers, and colleges and universities; it is also available to any member of the public upon request.
Do you understand all of the above information relating to registration and notification requirements of persons determined to be sexually violent predators? __________
6. Do you understand that if you are determined to be a sexually violent predator, you will be required to attend and pay for monthly counseling sessions for the period you are required to register? __________
I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of guilty to the offenses specified. I further affirm that my signature and initials on each page of this document are true and correct.
Date: _________________ ___________________________ Defendant I, ______ , Esquire, Attorney for ______ , state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading guilty.
Date: _________________ ___________________________ Attorney for the Defendant
[Pa.B. Doc. No. 04-1234. Filed for public inspection July 9, 2004, 9:00 a.m.]
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