Ga. Unif. Mun. Ct. R. 25.8

As amended through August 8, 2024

Rule 25.8 - Defendant to Be Informed

The judge shall not accept a plea of guilty or nolo contendere from a defendant without first:

(a) Determining on the record that the defendant understands the nature of the charge(s);

(b) Informing the defendant on the record that by entering a plea of guilty or nolo contendere one waives:

(1) The right to trial by jury;

(2) The presumption of innocence;

(3) The right to confront witnesses against oneself;

(4) The right to subpoena witnesses;

(5) The right to testify and to offer other evidence;

(6) The right to assistance of counsel during trial;

(7) The right not to incriminate oneself; and that by pleading not guilty or remaining silent and not entering a plea, one obtains a jury trial; and

(c) Informing the defendant on the record:

(1) Of the terms of any negotiated plea;

(2) That a plea of guilty may have an impact on his or her immigration status if the defendant is not a citizen of the United States;

(3) Of the maximum possible sentence on the charge, including that possible from consecutive sentences and enhanced sentences where provided by law; and/or

(4) Of the mandatory minimum sentence, if any, on the charge. This information may be developed by questions from the judge, the district attorney or the defense attorney, or a combination of any of these.

Ga. Unif. Mun. Ct. R. 25.8