[36 Pa.B. 6386]
[Saturday, October 21, 2006]
[Continued from previous Web Page]
DEFENDANT'S PERSONAL INFORMATION 1. What is your full name? __________
2. What is your address? __________
3. If you are known by any other names or aliases, list them. __________
__________4. Are you employed? __________
If so, where? __________
5. How old are you? ____ Date of Birth __________
6. How far did you go in school? (Give grade completed or equivalency) __________
7. Can you read, write and understand the English language? __________
8. Have you ever been a patient in a mental institution or have you ever been treated for a mental illness?
__________9. Are you now being treated for a mental illness? __________
10. If the answer to number 8 or 9 is yes, please explain. __________
__________11. If you are presently being treated for a mental illness, do you still feel that you can cooperate with your attorney, understand what you are doing today, understand what these questions mean and know why you must answer these questions? __________
12. Have you consumed any alcohol or taken any drugs or medicine or any other such substance within the past twenty-four (24) hours? __________
13. If the answer to number 12 is yes, please explain.
__________14. If the answer to number 12 is yes, are you presently under the influence of alcohol, drugs, medicine or any other substance to a degree that you cannot clearly understand these questions and answer them? __________
15. Do you understand that you are here to enter your plea of guilty or no contest to some or all of the charges against you? __________
PRESUMPTION OF INNOCENCE 16. Do you understand that you are presumed to be innocent and that you need not admit that you committed the offenses by pleading guilty? __________
17. Do you understand that, by pleading guilty you give up and waive your presumption of innocence?
__________
RIGHT TO TRIAL 18. Do you understand that you have the absolute right to have your guilt or innocence determined in a trial before a jury, which involves the following?
(a) that jury panels in Crawford County are selected at random from the citizens of Crawford County?
__________(b) that you and your attorney and the District Attorney would participate in selecting, from this panel, the particular twelve (12) jurors who would hear the evidence and decide your guilt or innocence? __________
(c) that you cannot keep jurors off of your case for cause and can keep a limited number of people from being a juror without giving any reason? __________
(d) that only impartial, fair and unprejudiced jurors would be qualified to hear your case? __________
(e) that the Commonwealth has the burden of introducing testimony and other evidence which will convince all twelve (12) jurors unanimously of your guilt beyond a reasonable doubt? __________
(f) that proof beyond a reasonable doubt is that kind of doubt that would cause a reasonable and sensible person to pause and hesitate before acting on something that is important in that person's life? __________
(g) the Commonwealth must present witnesses who must testify under oath and that you or your lawyer can question each of those witnesses and to question their believability? __________
(h) that you can testify, call witnesses or introduce other evidence to contradict the Commonwealth's evidence and/or support your innocence, but are not required to do so? __________
(i) that, if you do not testify, call witnesses, or introduce other evidence, no adverse or negative inference may be drawn by the jury because you did not do this, and you will still be presumed innocent? __________
(j) that your right to call witnesses and present evidence includes evidence that you did not commit the crime charged; that you were at some other place when the crime was committed; that there is a mistaken identity; that an insanity defense exists; that your acts were justified under the law or there is some other lawful excuse for your acts? __________
(k) that if you cannot afford to pay proper costs, such as obtaining a witness, for example, these costs could be paid for you? __________
(l) that the jury will decide your guilt or innocence based only on the evidence that the jury hears?
__________19. Do you understand that you can be tried by a judge alone and give up your right to a trial by a jury?
__________
MOTIONS BEFORE TRIAL 20. Do you understand that you can file motions with the Court before your trial to make sure that you get a fair trial? Those motions may include a motion to prevent the Commonwealth from presenting improperly obtained evidence at your trial including any statements that you may have made, tests results, identifications, and items taken from me or from some other place. If you file such a motion, the Commonwealth has the burden of proving that this evidence can be presented at your trial? __________
21. Do you understand that you can file a Motion to have these charges dismissed if your trial was not started within 365 days after the date that the Criminal Complaint was filed against you, not counting any delays caused by you or your lawyer?
__________22. Do you understand that if you plead guilty you give up your right to file any of these pretrial motions?
__________
EFFECT OF PLEA 23. Do you understand that by pleading guilty you are giving up the right to confront and cross-examine witnesses? __________
24. Do you understand that, in entering your plea of guilty, you are admitting that you are properly charged and before the Court on those offenses to which you plead and that you give up and waive your right to raise, both before this Court or an appellate Court, any errors, irregularities, or violations of your Constitutional, or statutory rights by the Commonwealth in investigating, obtaining evidence, filing, proceeding with, and presenting the charges against you? __________
25. Do you understand that, if you have raised any of these matters, that your plea of guilty will end your right to be heard on them? __________
26. Do you understand that your plea of guilty or nolo contendere will have the same effect as if you had a trial and was convicted of the crimes to which you will be pleading? __________
27. Do you understand that if you are on probation, intermediate punishment or parole, at the time these crimes were committed, that your plea in this case will mean that you violated probation or intermediate punishment or parole? __________
28. Do you understand that if you violated probation, intermediate punishment or parole you can either be resentenced to jail or recommitted to jail? __________
29. Do you understand that any sentences that you will receive as a result of a probation, intermediate punishment or parole violation would be in addition to any sentence which you may receive as a result of this plea? __________
30. Do you understand that, if you are not a United States citizen, then it is possible that you may be deported if you plead guilty or no contest? __________
31. Do you know that, for a misdemeanor or felony the Court may impose a sentence in accordance with the sentencing guidelines which place a suggested length of sentence for the type of crime and increase the length of that sentence if the person sentenced had been previously convicted of other crimes, either as a juvenile or an adult, and that the maximum sentence or sentences of confinement and/or fine or fines applicable to the crime or crimes to which you are entering your pleas are as follows:
Charge Count Grade Maximum Penalty Mandatory Minimum ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ ______ ____ ____ ______ $____ ______ $____ 32. Do you understand that, if you are being sentenced on more than one count, the sentences could be consecutive to each other? __________
33. Do you understand that ''consecutive'' means that each sentence must be served and completed before you begin the next sentence? In other words the sentences would not all be served at the same time. __________
34. Do you understand that, if you are currently serving another sentence, the sentence(s) you receive for your plea(s) today could be consecutive to any other sentences you are already serving? __________
35. Do you understand that the total possible total sentences you could receive for your plea(s)today, if all sentences were to be made consecutive, would be ______ in jail and a $____ fine? __________(specify days, months or years)
36. Have you and/or your attorney agreed with the District Attorney concerning the particular charges to which you will plead or the recommended length of sentence that will be imposed on these charges in return for your pleading guilty? __________
37. Are you aware that the judge does not have to sentence you in accordance with the terms of the sentence that you, your attorney or the District Attorney may have agreed upon? __________
38. Are you aware that the judge is not bound by the terms of any plea agreement entered into between you, your attorney and the District Attorney until the judge accepts the plea agreement? __________
39. Do you understand that if the judge does not agree with any recommended sentence or agreed upon sentence that does not automatically entitle you to withdraw your plea? __________
40. Do you understand that if there is no plea agreement the judge will determine what your sentence will be? __________
41. Do you understand that at any time prior to your sentencing, you may ask the Court for permission to withdraw your plea but you must show a fair and just reason for doing so and that the Commonwealth would not be prejudiced by your doing so?
__________
RIGHT TO AN ATTORNEY 42. Do you understand that you have the right to be represented by an attorney and that, if you cannot afford an attorney, one would be appointed to represent you, from the Public Defender's office without charge, before, during and after trial and on appeal to the appellate Courts? __________
43. If you did not understand any part of this form, has your attorney advised you on such matters? __________
44. Are you satisfied with your attorney's representation of you in this case? __________
45. Have you had enough time to consult with your attorney before reading this document and entering your plea of guilty? __________
46. Have you fully discussed this case with your lawyer including the facts and possible defenses that you may have to the charges? __________
47. Are you satisfied that your lawyer knows all of the facts and law concerning this case? __________
48. Are you satisfied that your lawyer has contacted, or attempted to contact, every witness or source of evidence which you advised him of? __________
49. Are you satisfied that your attorney is ready and able to defend you in this case if you do not plead?
__________
KNOWING AND VOLUNTARY PLEA 50. Have any other promises been made to you to enter a plea of guilty other than the plea agreement, if any? __________
51. Has anybody forced you, threatened you, promised you anything or coerced you directly or indirectly to enter this plea of guilty? __________
52. Are you doing this of your own free will? __________
I affirm that I have read the above document in its entirety and have reviewed it with my attorney. I affirm that I am aware of the full implications of pleading guilty/nolo contendere and nevertheless wish to plead to the specified offense(s). I further affirm that my signature on this document is true and correct.
_________________
DefendantI ______ , Esquire, Attorney for ______ , state that I have advised my client of the contents and meaning of this document; it is my beliefs/he fully comprehends the implication of pleading guilty/nolo contendere and is pleading guilty/nolo contendere of his/her own free will.
_________________ , Esquire
(Attorney for Defendant)
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.:
MEGAN'S LAW SUPPPLEMENT TO
GUILTY PLEA COLLOQUYOne 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'').
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 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 s/he comprehends and understands what is set forth above; that I am prepared to try this case; and it is my belief that the defendant understands what s/he is doing by pleading guilty.
Date: ______ __________Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: :
PLEA AGREEMENT FORM Counts to Plea:
__________
__________
__________Counts to nolle prosequi:
__________
__________
__________
On counts for which the
Court orders a nolle prosequi:[ ] Defendant shall pay costs [ ] Defendant shall pay restitution [ ] No agreement as to sentencing
[ ] Agreement as to sentencing as follows: __________
__________
__________Special conditions of agreement: __________
__________
___________________________ __________
District Attorney or Assistant Defense Attorney
District AttorneyDate: _________________ __________Defendant
I, ______ , Defendant, understand that I must report to Courtroom No. 1, 2 or 3, Crawford County Courthouse, on ______ , 200 ____ , at _____ o'clock ____ .M. to enter my plea of guilty or nolo contendere.
_________________
DefendantOriginal: Court Administrator [white]
District Attorney [green]
Defense Counsel [yellow]
Defendant [pink]Form 590
Rule 600. Sessions of Criminal Court, Trial List and Other Procedures.
(1) Sessions of Criminal Court
(a) Regular sessions of Criminal Term of Court shall be held during the months of January, March, May, June, September and November of each year as designated on the court calendar published annually by the Court. Such sessions may be extended or other special sessions may be held at such times as will conform most conveniently to the business of the Court and the state and local criminal rules so long as at least 30 days notice of any extension of a criminal term or any addition of a term beyond a regular session of court is given. The notice shall be given by the Court Administrator to the District Attorney's Office; the Public Defender's Office; members of the Crawford County criminal defense bar and all magisterial district judges.
(b) Sentence Court and any other hearings shall be scheduled from time to time by the Court Administrator as the Court may direct and in compliance with the Pennsylvania Rules of Criminal Procedure as well as these Local Rules.
(c) Whenever Plea Court is scheduled pursuant to Cra.R.Crim.P. 590(1), the District Attorney shall notify the Court Administrator of the defendants who are scheduled to plead on a particular plea date. The Court Administrator shall keep a plea list with the pleas scheduled for specific plea dates. The list shall be available in the Court Administrator's Office and the Clerk of Courts Office at least twenty-four (24) hours prior to the scheduled plea date. The District Attorney shall not be required to comply with this provision for pleas scheduled following the call of any criminal trial list.
(2) Trial List and Other Procedures
(a) (1) The Court Administrator shall maintain a master list of criminal cases chronologically as the Court Administrator receives a copy of the Criminal Case Scheduling Form required to be provided by the Issuing Authority pursuant to Rule 502 of these rules. This list shall be known as the ''Master Criminal List.'' Each entry on this list shall include information deemed pertinent by the Court Administrator in consultation with the Court, but shall at least contain the name of the defendant, the number docketed for the case in the Clerk of Courts Office, the pertinent date pursuant to Pa.R.Crim.P. 600 and the name of any attorney who has appeared on behalf of the defendant.
(2) The Court Administrator shall prepare the Criminal Trial List for each session of the Criminal Term of Court and shall arrange the cases in chronological order based on the current status of the master criminal list beginning with case number one on said list and continuing through the last case in which a defendant has been notified by the Criminal Case Scheduling Form provided that that defendant's case may be tried during the term for which the list was prepared.
(3) All cases continued to a new trial term or not reached during the trial term due to the unavailability of the Court, shall appear chronologically on the Master Criminal List in the order in which they had previously appeared ahead of those cases chronologically listed for the next trial term so that the oldest cases will appear first on any list.
(4) The Master Criminal List shall be available for counsel and other interested persons to view in the Court Administrator's Office during normal business hours and copies of the Criminal Trial List based on that Master List for each Criminal Term of Court shall be available free of charge in the Court Administrator's Office and in the Clerk of Courts Office at least one week prior to the call of the trial list for that designated Criminal Term of Court.
(b) (1) Cases for each criminal term shall be tried in the order in which they chronologically appear on the criminal trial list for that trial term unless otherwise adjusted by the Court Administrator for proper reasons.
(2) Any party upon good cause shown may move the Court to advance a case forward from it's chronological location on the Criminal Trial List or have the case moved down further on the list to be tried either within the same term of Criminal Court or to be continued to the next term of Criminal Court. Any such motion must be filed in compliance with Pa.R.Crim.P. 106 and Cra.R.Crim.P. 106. The Court in its discretion may continue a case after that deadline if the motion to continue is consented to by the opposing party and/or the Court finds that good cause to continue the case has arisen after the call of the trial list.
(3) Upon granting a motion under Crawford County Rule of Criminal Procedure 600(2)(b)(2), the Court will designate as part of its order where such case shall be placed on the chronological criminal list for that particular term of court or what date certain the case will commence. If the Court allows the case to be continued to the next Criminal Term of Court, it shall be placed by the Court Administrator on the Master Criminal List pursuant to Cra.R.Crim.P. 600(2)(a)(3).
(4) If a case involves complex issues so that it is not amenable to the normal schedule, any party may, after formal arraignment occurs or is waived, move the Court to remove said case from the Master Criminal List so that the flow of the case through the system is handled independently of that procedure.
(5) In the event a case is removed from its designated scheduling cycle originally established on the Criminal Case Scheduling Form [i.e. ARD consideration, omnibus pretrial motion, continuance, cases not reached during a trial term] and is returned to a scheduling sequence, the Court Administrator shall prepare a new Criminal Case Scheduling Form setting the remaining appropriate dates for the defendant to appear with said assigned dates to be based on a reasonable effort to return the case into the sequence of the system at the point where the case was removed from the sequence or if the case is to be placed in a subsequent term of court, to a normal sequence for that term of court.
The Court Administrator shall distribute copies of the new Criminal Case Scheduling Form to the District Attorney's Office and defense counsel as well as to unrepresented defendants in a manner consistent with the Pennsylvania Rules of Criminal Procedure and the Crawford County Rules of Criminal Procedure.
(3) Call of the Trial List.
The call of the Criminal Trial List for a particular Criminal Term of Court shall be held by the Court on the date and time scheduled by the Court Administrator's Office pursuant to Cra.R.Crim.P. 502.
(a) All defendants and all attorneys representing defendants for cases on the schedule for that term of criminal court must attend the Call of the Criminal List unless:
(1) A date certain has been scheduled for the entry of a plea or for trial to commence; or
(2) A Motion For Continuance has been previously properly presented and granted; or
(3) The Court has excused the defendant and/or counsel based on good cause shown or defense counsel and the District Attorney's Office have agreed the defendant and/or counsel may be excused from the Call of the List.
(b) Failure to comply with the requirements of this Rule may result in the imposition of sanctions by the Court, including the issuance of a bench warrant and revocation of bail bond. Additionally, the District Attorney's Office may file a charge of Default in Required Appearance.
(c) In open court, prior to calling all the names of individuals on the Criminal Trial List, the Court shall announce that the day the list is being called is the last day to enter a negotiated plea and the last day to request a trial before a judge, rather than a jury. After the conclusion of the call of all names of individuals on the criminal trial list, the Court shall again announce in open court that the day the list is being called is the last day to enter a negotiated plea and the last day to request a trial before a judge, rather than a jury.
Rule 602. Presence of Defendants--Transportation.
(1) For incarcerated defendants, transportation orders must be obtained from the Court and served upon the Sheriff of Crawford County at least 7 days prior to the time the defendant is required to appear if the defendant is incarcerated in a facility in the county, and at least 14 days prior to the time the defendant is to appear if the defendant is incarcerated in an out-of-county facility.
(2) The responsibility for obtaining a transportation order shall be on:
(a) The District Attorney if the defendant is required to appear at trial or at a hearing set upon motion of the District Attorney or if the defendant is unrepresented by counsel.
(b) Defense counsel if the defendant is required to appear for a hearing set upon motion of the defendant. If the location of the defendant cannot reasonably be determined by defense counsel, such information may be sought from the District Attorney's Office and shall be reasonably provided to the defendant's counsel.
Rule 620. Waiver of Jury Trial.
The last day for a defendant to waive a jury trial shall be at the Call of the Criminal Trial List unless upon good cause shown the Court allows such a waiver after that date.
Rule 630. Juror Qualification Forms and Lists.
Any juror information provided to counsel pursuant to Pa.R.Crim.P. 630(A)(1)(c) or (d) is provided for use by counsel and shall be kept in counsel's possession at all times. However, counsel may, in preparation for and during jury selection, allow clients and others to see that information to aid in the jury selection process.
Rule 700. Sentencing Judge.
The judge receiving guilty or nolo contendere pleas may schedule the defendant for sentencing before another judge sitting in or assigned to the 30th Judicial District so long as the defendant is notified at the time of the entry of the plea that a different judge will be imposing the sentence.
Rule 704. Advising Defendants of Appellate Rights After Sentencing.
Prior to the sentencing hearing, a defendant who is represented by counsel shall execute Form 704 A, which is entitled ''APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING--After Trial'' or Form 704 B, which is entitled ''APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING--Guilty Plea or Nolo Contendere Plea.''
Defendant's counsel shall review and explain the form to the defendant and allow the defendant to read the form prior to the defendant and defendant's counsel signing the form. Counsel's signature on the form shall constitute certification by counsel that counsel has read, discussed and explained the form to the defendant and, to the best of counsel's knowledge, information or belief the defendant understands the form.
TO THE DEFENDANT:
PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER. IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING SENTENCING. IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO EXPLAIN IT TO YOU. DO NOT SIGN THIS DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.:
APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING
(After Trial) 1. After you are sentenced, you have the right to file either a Post-sentence Motion or an Appeal to the Superior Court of Pennsylvania.
2. If you wish to file a Post-sentence Motion, it must be filed with the Criminal Clerk of Courts of Crawford County no later than ten (10) days after the imposition of sentence.
3. If you wish to file an Appeal, a Notice of Appeal must be filed with the Clerk of Courts of Crawford County, within thirty (30) days of imposition of sentence. This is a right of appeal, which you may exercise without filing a Post-sentence Motion. If you file a Post-sentence Motion, you would also have a right to appeal from an Order deciding that Motion or denying the Motion by operation of law.
4. If you file a Post-sentence Motion, all requests for relief must be stated with specificity and particularity, and consolidated in the Motion, which may include:
a. a Motion challenging the validity of a plea of guilty or nolo contendere, or the denial of a Motion to Withdraw a plead of guilty or nolo contendere;
b. a Motion of Judgment of Acquittal;
c. a Motion in Arrest of Judgment;
d. a Motion for a New Trial; and/or
e. a Motion to Modify Sentence.
5. If you file a Post-sentence Motion, it and any supplemental Motion you may be permitted to file must be decided by the judge within 120 days of the filing of the original Motion. The judge may, at your request, grant one 30-day extension for deciding the Motion, if good cause is shown. If the judge fails to decide the Motion within the allowed time, the Motion will be denied by operation of law, and the clerk will enter an order denying the Motion.
6. If you file a Post-sentence Motion, and wish to appeal from the Order deciding or denying the Motion, a Notice of Appeal must be filed with the Criminal Clerk of Courts of Crawford County, within thirty (30) days of that Order.
7. Whether or not you file a Post-sentence Motion, all issues raised before or during trial are preserved for appeal except if you wish to claim the verdict was against the weight of the evidence or the Court abused it's discretion in sentencing you. Those issues must be raised in a Post-Sentence Motion before the trial judge before they can be raised on appeal to the Superior Court.
8. You have the right to assistance of counsel in the preparation of a Post-sentence Motion or any Appeal. If you are indigent, you have the right to proceed without payment of costs and with counsel appointed to represent you without charge. If you are now represented by the Public Defender's Office and continue to qualify for their services, that office would continue to represent you without cost.
9. If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a Post-sentence Motion and perfect an Appeal, or, when no Post-sentence Motion is filed, perfect an Appeal with the time permitted by law.
I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.
Date: ______ __________Signature of Defendant
I, ______ , Esquire, Attorney for ______ , state that I have advised my client of the meaning of this document and of his/her post-sentence and appeal rights as required by Pa.R.Crim.P. 704; that it is my belief that the defendant comprehends and understand those rights and what is set forth herein, and that Defendant has received a copy of this form.
Date: ______ __________Attorney for the Defendant
Form 704 A
TO THE DEFENDANT:
PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER. IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING SENTENCING. IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO EXPLAIN IT TO YOU. DO NOT SIGN THIS DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA : : vs. : No.: : OTN No.: :
APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING
(Guilty Plea or Nolo Contendere Plea) 1. After you are sentenced, you have the right to file either a Post-Sentence Motion in this Court or an Appeal to the Superior Court of Pennsylvania.
2. If you wish to file a Post-Sentence Motion, it must be filed with the Clerk of Courts no later than ten (10) days after the imposition of sentence.
3. If you wish to file an Appeal, a Notice of Appeal must be filed with the Clerk of Courts within thirty (30) days from when you are sentenced. You can file this Appeal without filing a Post-Sentence Motion in this Court. If you do file a Post-Sentence Motion in this Court, you also have the right to appeal from an order deciding that motion on the merits, or, if the Court does not decide that Motion within 120 days (or 150 days upon your motion to extend that time by thirty (30) days) from when it is filed. If the Court does not decide that Motion within that 120 day (or 150 day, if extended) time period, the Appeal must be filed within thirty (30) days from when the Clerk of Courts enters an Order denying the Motion by operation of law because the judge has failed to decide the Motion.
4. If you file a Post-Sentence Motion in this Court, your requests for relief must be stated with specificity and particularity in one motion, which may include:
a. a Motion challenging the validity of your plea of guilty or nolo contendere or the denial of a Motion to Withdraw a plea of Guilty or Nolo Contendere
b. a Motion to Modify Sentence
5. If you file a Post-Sentence Motion in this Court, as well as any supplemental motion that the Court allows you to file, the Motion must be decided within 120 days from when you file it, although the judge, at your request, may grant one thirty (30) day extension for deciding the Motion, if good cause is shown. If the judge does not decide the Motion within the time period allowed, the Clerk of Courts will enter an Order denying the Motion.
6. If you file a Post-Sentence Motion and wish to appeal from this Court's order, you must do so within thirty (30) days from when that Motion is decided or denied.
7. Since you have entered a guilty plea or nolo contendere plea, your Appeal to the Superior Court would be limited to the following four areas:
a. your plea of guilty or nolo contendere was unlawfully induced and was not voluntarily and understandingly made by you;
b. your sentence was illegal;
c. the lower court did not have jurisdiction in your case;
d. your attorney was ineffective in representing you.
8. Whether or not you file a Post-Sentence Motion, all issues raised before or during trial are preserved for appeal, except if you claim the Court abused it's discretion in sentencing you. That issue must be raised in a Post-Sentence Motion before the trial judge before it can be raised on appeal to the Superior Court.
9. You have the right to assistance of counsel in the preparation of a Post-Sentence Motion in the Appeal you file. If you are unable to afford an attorney, you have the right to the assistance of counsel, free of charge through the Public Defender's Office throughout the appeal process. If you challenge the effectiveness of your attorney and cannot afford a new attorney, a new attorney will be appointed to represent you.
10. If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a Post-Sentence Motion and, if that is not successful, an appeal or, when no Post-Sentence Motion is filed, that you file an Appeal within the thirty (30) day time period permitted by law.
I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.
Date: ______ __________Signature of Defendant
I, ______ , Esquire, Attorney for __________
Date: ______ __________Attorney for the Defendant
Form 704 B
Rule 708. Probation/Parole/ Intermediate Punishment General Rules and Regulations.
A. Probation/Parole/Intermediate Punishment General Rules and Regulations
The Court, whenever sentencing a defendant to probation or intermediate punishment or granting parole, shall state in its order that the general rules, regulations and conditions governing probation and parole in Crawford County shall be applicable and all of the following shall apply unless specifically deleted by the Court in its Order or in a subsequent order:
(1) The defendant will be in the legal custody of the Court until the expiration of the defendant's probation, parole or intermediate punishment or until further order of Court. The Probation or Parole Officer has the power at any time during this period, in cases of violation by the defendant of any of the conditions of the defendant's probation, intermediate punishment or parole, to detain the defendant in a county prison and thereafter make a recommendation to the Court, which may result in the further detention of the defendant and ultimately the revocation of probation or parole and commitment to a penal or correctional institution for service of the defendant's sentence.
(2) The defendant will report regularly to the Probation/Parole Department, in person or in writing, and reply to any communication from the Court or the Probation/Parole Department.
(3) The defendant will live at an address provided to the Probation/Parole Department and may not change that residence without prior permission from that department.
(4) The defendant will not travel outside of Pennsylvania or the community to which he/she has been paroled or placed on probation as defined by his/her Probation/Parole Officer without prior permission.
(5) The defendant will comply with all municipal, county, state and federal criminal laws, and will abide by any additional written instructions of his/her Probation/Parole Officer. Pursuant to this rule, any such reasonable instruction shall be considered a special condition of supervision imposed by the Court. The defendant will immediately notify his/her Probation/Parole Officer of any arrest or investigation by law enforcement agencies.
(6) If the defendant is not employed, the defendant will make every effort to obtain and maintain employment and support any dependents of the defendant. The defendant will obtain written permission prior to changing employment. If the defendant loses a job, the defendant will immediately notify the defendant's Probation/Parole Officer and cooperate in any effort the parole officer may make to obtain employment for the defendant.
(7) The defendant shall abstain completely from the use and possession of controlled substances.
(8) If the defendant has ever been convicted of a felony or a misdemeanor involving the use or possession of a weapon, the defendant shall not be permitted to own, possess or have access to any firearm nor ammunition that can be used in any firearm.
If the defendant has been convicted of a non-weapons misdemeanor, with the advance permission of the defendant's Probation/Parole Officer, the defendant may possess weapons and ammunition for those weapons to be used exclusively for hunting or other sports activities. This decision shall be solely at the discretion of the defendant's Probation/Parole Officer.
(9) The defendant may not use alcoholic beverages nor may the defendant go into places where alcoholic beverages are sold unless, at the discretion of the Probation/Parole Department, this condition is totally or partially waived in writing.
(10) All fines, costs, restitution and Offender's Supervision Fees imposed upon the defendant by the Court must be paid immediately or in accordance with any schedule set up by the Court or the Probation/Parole Department before the defendant will be released from probation/parole.
(11) The defendant will submit to random and periodic testing to determine any use of illegal controlled substances and alcoholic beverages.
(12) The defendant will attend and pay all costs and fees of any therapeutic program offered by a recognized agency when directed to do so by the defendant's Probation/Parole Officer.
(13) The defendant will not annoy or harass any victim or witnesses of the defendant's crime and shall not solicit anyone else to do so.
(14) The defendant shall obey the law and be of good behavior generally.
(15) The defendant shall report to the Crawford County Probation/Parole Department within 24 hours after being released from any institution unless directed to report sooner by the Probation/Parole Officer and/or Order of the Court.
(16) The defendant shall comply with any curfew imposed by the Probation/Parole Department.
(17) Any defendant required to comply with the provisions of 44 Pa.C.S.A. Section 2316 regarding the mandatory submission of a DNA sample, shall do so and shall further pay the mandatory costs set forth in 44 Pa.C.S.A. Section 2322 unless the Court has found that undue hardship would result and has excused the payment of that fee.
(18) Any defendant subject to the registration requirements for sexual offenders pursuant to the provisions of 42 Pa.C.S.A Section 9791 et. seq. (as amended) (known as Megan's Law) shall at all times during the period of probation/parole comply with all such registration requirements.
(19) The defendant shall always be truthful and accurate in any written or oral statements the defendant makes to a Probation/Parole Officer or member of the staff of the Probation/Parole Department.
(20) The defendant shall receive a copy of these general terms and conditions of probation/parole at or about the time supervision commences.
(21) If the defendant believes that the defendant's rights have been violated as a result probation/parole supervision, the defendant must submit a timely complaint in writing, first to the Chief Probation/Parole Officer and then to the President Judge at the Crawford County Courthouse in Meadville, Pennsylvania, if the matter is not satisfactorily resolved.
B. Electronic Monitoring/House Arrest General Rules and Regulations.
Whenever the Court shall sentence a defendant to a sentence including Electronic Monitoring/House Arrest, the defendant will be subject to all of the following rules, regulations and conditions unless specifically deleted by the Court in it's Order or any subsequent Order:
(1) The offender must remain at the indicated residence at all times except those times approved by the Crawford County Probation/Parole Department with the exception of a life threatening emergency. The offender may be required to furnish documentation to verify any emergency departures from the schedule. If an emergency situation exists, the offender is required to notify the Probation/Parole Department immediately.
(2) The offender agrees to maintain telephone service that is not equipped with the phone company's computerized answering service throughout the offender's participation in the Electronic Monitoring/House Arrest Program.
The offender may be required to provide documentation to verify this condition. Also the offender understands that ALLTEL Corporation or the equivalent service provider is not liable for any damages incurred as a result of wearing the equipment or participating in said program.
(3) No illegal drugs, alcohol, firearms or other weapons or ammunition for firearms are permitted in the residence. Additionally, the offender is prohibited from possessing or using any of these items at any time during the period of time on Electronic Monitoring/House Arrest.
(4) The Probation/Parole Department shall be permitted access to the residence during the term of this program. Additionally, the officers shall be permitted to search the residence, the offender and the offender's vehicle. The offender consents to all types of these searches and acknowledges that they may be conducted without a search warrant. Officers may restrict individuals from visiting the offender. Any non-compliance of the offender's family/friends is the offender's responsibility.
(5) The offender shall submit to drug and alcohol testing with the type of test to be selected by the supervising officer. Methods may include, but are not limited to, breath, urinalysis or blood testing.
(6) The offender will not move, disconnect or tamper with the monitoring equipment following installation.
(7) The offender will be held responsible for any damage other than normal wear to the equipment. If the equipment is not returned or it is not returned in good condition, the offender may be charged for replacement/repair and may be subject to civil and/or criminal penalties.
(8) The purpose of this monitoring equipment is to alert authorities of violations of the program. The offender agrees that the loss of a receiving signal and/or receipt of a tamper signal by the monitoring device shall constitute probable cause for a violation. It is agreed that the program's computer printout and/or a program official's and/or other sources of testimony may be used as evidence at a violation hearing to prove said violation.
(9) The Crawford County Probation/Parole Department and program associated agents are not liable for any damages incurred as a result of wearing or tampering with the equipment or any respective damages associated with the equipment that are the result of the offender's negligence.
(10) The offender must abide by all instructions, rules, regulations and directives of the Electronic Monitoring/House Arrest Officers or other officers of the Department acting for the assigned case officer.
(11) The offender shall comply with all municipal, county, state and federal laws. Any arrest, receipt of citation/summons or contact by law enforcement officials must be immediately reported to the offender's probation/parole officer.
(12) Approvals will be given for the defendant to leave the residence for employment. This employment may be full or part time, but must be a legitimate job where taxes are withheld or W-2 Forms are filed and verification is established. Other leaves will be limited to approved counseling, hospital/doctor appointments and a funeral of an immediately family member. Social leave will not be permitted, nor will leave to public or private events be permitted. All leave activity will be recorded in the daily logbook for the defendant.
(13) The offender will be assessed an installation fee and a daily use fee while enrolled in the Electronic Monitoring/House Arrest Program in amounts to be determined by administrative order entered by the President Judge.
(14) While in the Electronic Monitoring/House Arrest Program, the offender shall attend any recommended counseling and shall comply with the rules and regulations of any counseling agency, including compliance with the treatment plan.
(15) The offender shall always be truthful and accurate in any written or oral statements the offender makes to the probation/parole officer or member of the staff at the Probation/Parole Department. The offender understands that providing false information is a violation of and may result in the offender's removal from the program and return to the Crawford County Correctional Facility forthwith.
(16) The offender may be arrested with or without a warrant immediately following a violation, and that arrest will result in the offender's return to the Crawford County Correctional Facility forthwith until the matter can be brought before a judge for hearing.
(17) The offender will not leave the place of employment except to perform duties associated with employment unless otherwise permitted by the supervising probation/parole officer. The offender agrees to permit the supervising probation/parole officer to visit the place of employment to assure compliance and to permit the employer to notify the supervising probation/parole officer in the event the offender does not report to work as required or leaves work other than at the designated times in the normal workday.
(18) The offender is required to keep the supervising probation/parole officer informed of the location and directions to the place of employment or job site.
(19) The offender will provide a weekly work schedule to the supervising probation/parole officer in writing at least two working days in advance of the work schedule.
(20) If the offender believes the offender's rights have been violated as a result of the Electronic Monitoring/House Arrest supervision, the offender may submit a timely written complaint in writing, first to the Chief Probation/Parole Officer, and if the matter is not satisfactorily resolved, then to the President Judge at the Crawford County Courthouse, Meadville, Pennsylvania.
The offender shall have access to a digital pager with a number to be designated by the Adult Probation Department, to be used in EMERGENCY SITUATIONS ONLY! This pager is not to be used for schedule changes or personal requests. The offender must have a schedule change approved one day in advance during working hours. Any weekend schedule changes not requested prior to close of business on Friday will not be approved. The offender is cautioned, this pager is for EMERGENCY USE ONLY.
An EM Log will be provided to the offender at the time of the initial hook-up. The offender will be responsible for maintaining an accurate log with a detailed list of all daily events that occur outside the residence. The officer may apply the officer's own discretion in the maintenance of the log.
Religious leave may be permitted with a written and signed request from the pastor, priest, etc. and written documentation of any attendance with not more that two leaves per week permitted.
Any other purposed leave requests are subject to the approval of the Electronic Monitoring/House Arrest Department of the Probation/Parole Department.
Rule 801. Qualifications for Defense Counsel in Capital Cases.
The Court Administrator's Office shall maintain a list of Crawford County Attorneys who satisfy the educational requirements set forth in Pa.R.Crim.P. 801 and who have notified the Court Administrator they wish to be considered for appointment to representation of defendants in cases in which the death sentence is authorized.
By the Court
GORDON R. MILLER,
President Judge
[Pa.B. Doc. No. 06-2057. Filed for public inspection October 20, 2006, 9:00 a.m.]
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