PRIOR PLEA AGREEMENT Court of Common Pleas New Castle County Courthouse 500 King Street - Suite 1600 Wilmington, Delaware 19801-3704 PLEASE READ THIS FORM CAREFULLY AND FOLLOW ALL INSTRUCTIONS. IF YOU HAVE QUESTIONS ABOUT THIS FORM, PLEASE CALL THE COURT OF COMMON PLEAS AT (302) 255-0941. (Clerk’s Office Number) The purpose of this form is to provide a convenient way of entering a NOT GUILTY plea to the charge(s) in the Court of Common Pleas without having to appear for Arraignment (the first appearance in the Court of Common Pleas) as provided for by Court of Common Pleas Rule 10 (c). If you wish to enter a NOT GUILTY plea without appearing in Court, please read and complete the following: 1. I waive (give up) my right to appear in the Court of Common Pleas for Arraignment, the reading of the charge against me, and a formal inquiry in open Court as to whether I understand the nature of the charge(s). I will be given a copy of the charge when I appear for Trial. 2. I enter a plea of NOT GUILTY to the charge(s) and I request a: CHECK ONLY ONE [ ] Non-Jury Trial (before a Judge) [ ] Jury Trial (before a jury) 3. CHECK ONLY ONE [ ] I will represent myself for Arraignment. I can choose to represent myself or have a lawyer represent me for Trial. [ ] I plan to be represented by a private lawyer or a lawyer from the Public Defender’s Office. IF YOU CHECK THIS BOX, YOU MUST TAKE THIS FORM TO YOUR LAWYER AND HAVE HIM/HER SIGN BEFORE SENDING IT TO THE COURT. If you want to be represented by a lawyer from the Public Defender’s Office, you must go to that Office (on the second floor of the New Castle County Courthouse, 500 N. King St.) within 10 calendar days of your appearance in the Justice of the Peace Court to have your eligibility determined and to have this Agreement completed. Please call (302) 255-0130 with any questions about being represented by the Public Defender. 4. I understand the following: a) b) At Trial, I have the right to introduce evidence and have witness(es) testify on my behalf. c) I am responsible for having my witness(es) and evidence with me on the day of Trial. If I want the Court to send notice(s) to my witness(es), I must notify the Clerk’s Office in writing at least 10 working days before Trial. If I believe the witness(es) may not appear in response to the Court’s notice, I can ask the Court in writing to issue a subpoena (a fee is charged) to compel (force) their appearance. I can also request that the Court issue a subpoena for documents or other evidence I may need for my defense. Requests for all subpoenas must be made in writing to the Clerk’s Office at least 20 calendar days before the Trial date. d) 5. I will receive a letter from the Clerk of the Court of Common Pleas with the mandatory date and time I must appear for Trial. I can represent myself at Trial or I can choose to be represented by a lawyer from the Public Defender’s Office or by a private lawyer. In order to process this request, I have completed the following (PLEASE PRINT): _____________________________ ____________________________ _______________________________ Name Case Number (10 digits) Arraignment Date The case number can be found on the Bond and Order to Appear document _____________________________________________________________________________________________ STREET ADDRESS __________________________________________________ CITY STATE ZIP CODE _______________________________ DAY TELEPHONE NUMBER ___________________________________ YOUR SIGNATURE [ ] Check here if this is a new address _____________________________________ EVENING TELEPHONE NUMBER ___________ DATE ________________________________ LAWYER’S SIGNATURE __________ DE Bar # 6. Please complete this agreement and mail to the Court of Common Pleas at New Castle County Courthouse Scheduling Division, Suite 1600, 500 N. King Street, Suite 1600, Wilmington, Delaware 19801-3704. THE COURT MUST RECEIVE THIS AGREEMENT AT LEAST 10 DAYS PRIOR TO YOUR ARRAIGNMENT DATE. American LegalNet, Inc. www.USCourtForms.com