Written Plea Colloquies required by Rule 590 shall substantially be in the following form:
GUILTY PLEA COLLOQUY INSTRUCTIONS
TO DEFENDANT:
If you choose to plead guilty or nolo contendere, this Guilty Plea Colloquy should be completed by you. By pleading guilty, you are agreeing and admitting that you committed each of the elements of the crimes. By pleading nolo contendere, you are stating that you do not contest the fact that the Commonwealth can prove you committed the crimes. In criminal law, a plea of nolo contendere has the same effect for sentencing purposes as pleading guilty and, therefore, everything contained in this Guilty Plea Colloquy also applies to a plea of nolo contendere. You should read this document carefully and review it with your lawyer. It is IMPORTANT that you understand, agree with and answer truthfully everything contained in this Guilty Plea Colloquy. If you understand and agree with what is said in a paragraph of this document, place your initials on the line provided. If you do not understand or agree with what is said in a paragraph, DO NOT place your initials on the line provided, and you should tell the judge what you do not agree with or understand.
TO THE DEFENDANT'S LAWYER:
You must explain the content and meaning of this Guilty Plea Colloquy Statement to the defendant. If, after your explanation, the defendant does not understand or agree with something, he/she should not initial that paragraph and you must inform the judge of this fact. If the defendant does not speak, understand, read or write the English language or suffers from some physical, emotional or mental problem or is under the influence of any substance which affects his/her ability to understand the content of this Guilty Plea Colloquy Statement, the defendant should not complete the Guilty Plea Colloquy Statement and the judge should be advised of this fact.
By placing my initials at the place provided, I am stating that I have read, understood and followed these instructions.
Defendant's Initials
Defense Attorney's Initials
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA CRIMINAL | |
COMMONWEALTH OF PENNSYLVANIA | CC- |
V. |
GUILTY/NOLO CONTENDERE PLEA COLLOQUY
Maximum Penalties
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Please mark if a guilty/nolo contendere plea colloquy supplemental charge sheet is attached.
Right to Trial
--I am presumed innocent of these crimes and that the Commonwealth has the burden of proving that I committed each of the elements of the crimes charged beyond a reasonable doubt. If the Commonwealth fails to do so, I cannot be found guilty of these crimes. A reasonable doubt is a doubt that would cause a reasonably careful and sensible person to hesitate before they act upon something that is important in their lives or affairs.
--that the Commonwealth must present witnesses who must testify under oath and that I or my lawyer can cross-examine or ask questions of each of these witnesses.
--that I do not have to testify or present any evidence and no one can force me to do so. If I choose not to testify or present any evidence, that cannot be used or held against me. However, if I want to testify and present evidence and witnesses, I may do so.
--I have the right to call witnesses and present evidence including, but not limited to, evidence that I didn't commit the crime charged; that I have an alibi; that there is a mistaken identity; that an insanity defense exists; that my acts were justified or there is other lawful excuse for my acts.
Motions Before Trial
--I can file motions to ensure that I get a fair trial. These motions may include, but are not limited to, a motion to prevent the Commonwealth from presenting improperly obtained evidence at my trial including any statements that I may have made, test results, identifications and items taken from me or from some place or thing. If I file such a motion, the Commonwealth has the burden of proving that this evidence can be presented at my trial.
--I can file a motion to have the crimes charged dismissed if my trial was not started within three hundred sixty-five (365) days after the date that the criminal complaint was filed against me, not counting any delays caused by me or my lawyer and, if the judge grants my motion, the Commonwealth cannot charge me with those crimes again.
Effect of Plea
--If I am pleading guilty, I understand that I am agreeing and admitting that I committed each element of these crimes. If I am pleading nolo contendere, I am not contesting that I committed each element of these crimes and I agree that the Commonwealth can prove that I committed each element of these crimes beyond a reasonable doubt. My pleas of guilty or nolo contendere will have the same effect as if I had a trial and was convicted of the crimes to which I have pled guilty or nolo contendere.
--If I was on probation, intermediate punishment, or parole at the time the crimes to which I am pleading guilty or nolo contendere were committed, my pleas in this case mean that I have violated probation/intermediate punishment/parole. I understand that if I have violated my probation or intermediate punishment that I can be resentenced to jail and if I violate my parole, I may be re-committed to jail to serve the remainder of my sentence(s) without credit for time on parole. I further understand any sentences that I am required to serve as a result of a probation, intermediate punishment or parole violation may be in addition to any sentence which I may receive as a result of this plea.
Representation by Counsel
Knowing and Voluntary Plea
Date
Defendant (Signature)
Defendant's Name (Printed)
Defendant's Street Address
City, State, Zip Code
Defendant's Age
Defendant's D.O.B.
Statement of Defendant's Attorney
I,, Esquire, Attorney for the Defendant affirm that I have fully advised the defendant of the content and meaning of this guilty plea colloquy and the defendant has indicated that he/she understands the content and the meaning of the same, I have fully discussed the defendant's decision to plead guilty or no lo contendere with him/her, I have explained to the defendant the elements of any possible penalties for the crimes to which he/she is pleading guilty or nolo contendere and I am satisfied that the defendant's pleas of guilty or nolo contendere are knowingly, voluntarily and intelligently entered.
Date
Defense Attorney's Signature
Adm. Cnty. Pa. 590.1