Statement By Defendant In Advance Of Plea Of Guilty Form. This is a Colorado form and can be use in District Court Federal.
Tags: Statement By Defendant In Advance Of Plea Of Guilty, Colorado Federal, District Court
Appendix K IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. UNITED STATES OF AMERICA Plaintiff(s), v. 1. Defendant(s). ______________________________________________________________________ STATEMENT BY DEFENDANT IN ADVANCE OF PLEA OF GUILTY ______________________________________________________________________ I acknowledge and certify that I have been advised of and understand the following facts and rights, that all representations contained in this document are true and correct, and that my attorney has assisted me as I have reviewed and completed this document. 1. The nature of the charge(s) against me has/have been explained to me by my attorney. I have had an opportunity to discuss with my attorney both the nature of the charge(s) and the elements which the government is required to prove. 2. I know that when the Court sentences me, the Court will consider many factors. These factors are listed in 18 U.S.C. § 3553 and include (a) the nature and circumstances of the offense and my personal history and characteristics, (b) the need for a sentence to reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford deterrence, protect the public, and provide me with Revised: April 25, 2012 American LegalNet, Inc. www.FormsWorkFlow.com needed training, care or correctional treatment in the most effective manner, (c) the kinds of sentences available to the court, (d) the advisory sentencing guidelines established by the U.S. Sentencing Commission, (e) the pertinent policy statements of the U.S. Sentencing Commission, (f) the need to avoid unwarranted sentence disparity among defendants with similar records who have been found guilty of similar conduct, and (g) the need to provide restitution. No single factor is controlling or determinative. I recognize that it is possible that the Court could, after considering these factors, impose any sentence in my case, including one which is as severe as the maximum term of imprisonment, the maximum fine, full restitution (if applicable), the maximum term of supervised release, and a special assessment, all as set out in paragraph 3 below. 3. plea(s): Count _______________ a. Imprisonment for a term of [insert if applicable: not less than ________ I know that the following penalties may be imposed as a result of my guilty years, but] not more than ________ years; b. A term of supervised release of [insert if applicable: not less than _______ years, but] not more than ________ years, pursuant to 18 U.S.C. § 3583; c. A fine of not more than $ _____________, pursuant to the statute that I admit I violated and/or the alternative fine schedule set out at 18 U.S.C. § 3571; d. Restitution to the victim(s) of my crime(s) of not more than $___________, pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664; e. A special assessment of $ _____________, pursuant to 18 U.S.C. § 3013; 2 American LegalNet, Inc. www.FormsWorkFlow.com [REPEAT a. THROUGH e. FOR ALL REMAINING COUNTS. IF A CRIMINAL FORFEITURE COUNT IS INCLUDED, SPECIFY THE PROPERTY SUBJECT TO FORFEITURE UNDER THAT COUNT.] 4. I know that if I am convicted of more than one count, the sentences imposed may be either concurrent (served at the same time) or consecutive (served separately or back-to-back) unless the statutory penalty for an offense of conviction expressly requires that a sentence be imposed to run consecutively. 5. I know that in addition to any punishment that the Court may impose, there are collateral consequences to pleading guilty to a crime. These consequences are neither imposed nor controlled by the Court. For example, pleading guilty may result in a loss of civil rights, including but not limited to the rights to possess firearms, vote, hold elected office, and sit on a jury. And, if I am not a citizen of the United States, these consequences may include deportation from the United States or indefinite confinement if there is no country to which I may be deported, denial of the right to enter the United States in the future, and denial of citizenship. 6. I know that if I am given a term of supervised release as a part of my sentence, that supervised release will only begin to run upon my release from custody on all terms of imprisonment imposed by this and any other courts. I understand that any violation of the conditions of that supervised release during its term may lead to an additional prison sentence and additional supervised release being imposed. 7. I know that there is no parole in the federal system and that I will be required to serve the entire sentence of imprisonment which may be imposed in my case, reduced only by such good time and/or program allowances as may be set by Congress and applied by the Bureau of Prisons. 3 American LegalNet, Inc. www.FormsWorkFlow.com 8. I know that if a fine or restitution is imposed as a part of my sentence, I will be required to pay interest on any amount in excess of $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment or unless interest is waived by the Court. 9. I know that if a fine or restitution is imposed as a part of my sentence, I will be required to pay it in a timely manner. Failure to do so may trigger monetary penalties, collection efforts by the government, potential revocation of any probation or supervised release, and/or exposure to prosecution for "Criminal Default" under 18 U.S.C. § 3615. 10. I know that I can be represented by an attorney at every stage of the proceedings in this matter, and I know that, if I cannot afford an attorney, one will be appointed to represent me at no cost or expense to me. 11. I know that I have a right to plead "not guilty;" and I know that if I do plead "not guilty," I can persist in that plea and demand a trial. 12. I know that I have a right to and can demand a trial by jury, and I know that if I choose to stand trial: a. proceeding; b. me; c. me; My attorney can cross-examine all witnesses who testify against I have a right to see and observe the witnesses who testify against I have a right to the assistance of an attorney at every stage of the 4 American LegalNet, Inc. www.FormsWorkFlow.com d. I can call and present such relevant witnesses and evidence as I desire, and I can obtain subpoenas to require the attendance and testimony of those witnesses; e. If I cannot afford to pay witness fees and expenses, the government will pay those fees and expen