Rule 10 - Pleas; Rights upon Plea(A) Pleas. A defendant may plead not guilty, guilty or, with the consent of the court, no contest. All pleas may be made orally. If a defendant refuses to plead, the court shall enter a plea of not guilty on behalf of the defendant.(B) Effect of guilty or no contest pleas. With reference to the offense or offenses to which the plea is entered:(1) The plea of guilty is a complete admission of the defendant's guilt.(2) The plea of no contest is not an admission of defendant's guilt, but is an admission of the truth of the facts alleged in the complaint and such plea or admission shall not be used against the defendant in any subsequent civil or criminal proceeding.(3) When a plea of guilty or no contest is accepted pursuant to this rule, the court shall proceed with sentencing under Criminal Rule 32.(C) Misdemeanor cases involving serious offenses. In misdemeanor cases involving serious offenses, the court may refuse to accept a plea of guilty or no contest and shall not accept such plea without first addressing the defendant personally and informing him of the effect of the pleas of guilty, no contest, and not guilty and determining that he is making the plea voluntarily. Where the defendant is unrepresented by counsel, the court shall not accept a plea of guilty or no contest unless the defendant, after being readvised that he has the right to be represented by retained counsel, or pursuant to Criminal Rule 44 by appointed counsel, waives this right.(D) Misdemeanor cases involving petty offenses. In misdemeanor cases involving petty offenses, except those processed in a traffic violations bureau, the court may refuse to accept a plea of guilty or no contest and shall not accept such pleas without first informing the defendant of the effect of the plea of guilty, no contest, and not guilty. This information may be presented by general orientation or pronouncement. The counsel provisions of Criminal Rule 44(B), (C) and (D) apply to this subdivision.
(E) Refusal of court to accept plea. If the court refuses to accept a plea of guilty or no contest, the court shall enter a plea of not guilty on behalf of the defendant. In such cases neither plea shall be admissible in evidence nor be the subject of comment by the prosecuting attorney or court.(F) Immediate trial. Upon written consent of defendant and the prosecuting attorney, trial may be conducted immediately after the acceptance of a plea at arraignment. If the defendant seeks a continuance, or demands a jury trial where such right exists, the court shall cause the case to be set for trial.Effective:1/1/1975; amended effective 1/1/2010.