COURT OF COMMON PLEAS PRIOR PLEA OF NOT GUILTY de.gov/commonpleas [ ] New Castle County 500 N King St Ste 1600 Wilmington DE 19801-3704 Office: 302.255.0941 Fax: 302.255.2243 CCP_NC_PriorPlea@state.de.us [ ] Kent County 414 Federal St Rm 135 Dover DE 19901-3615 Office: 302.735.3900, Option 2 Fax: 302.735.3911 CCP_KC_PriorPlea@state.de.us Case No.: _______________________________ [ ] Sussex County 1 The Circle - Suite 1 Georgetown DE 19947-1504 Office: 302.858.5700 Fax: 302.858.5701 CCP_SC_PriorPlea@state.de.us PLEASE READ THIS FORM CAREFULLY AND FOLLOW ALL INSTRUCTIONS. IF YOU HAVE QUESTIONS ABOUT THIS FORM, PLEASE CALL THE R E S P E C T I V E COURT OF COMMON PLEAS C L E R K ' S O F F I C E . 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 request a: CHECK ONLY ONE [ ] Non-Jury Trial (I understand my right to a Jury Trial, including the right to Counsel and the right to participate in the selection of the jury, and do hereby knowingly, intelligently and voluntarily waive (give up) the right to a Trial by Jury and request a Trial before a Judge) [ ] Jury Trial (before a jury) ] 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 Office of Defense Services. 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 Office of Defense Services, you must go to the Office of Defense Services immediately to have your eligibility determined and to have this Agreement completed. Please call the respective Office of Defense Services with any questions about being represented by the Office of Defense Services. New Castle County: 302.255.0130, Kent County: 302.739.4476, Sussex County: 302.856.5310. 4. I understand the following: a) b) c) 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 At Trial, I have the right to introduce evidence and have witness(es) testify on my behalf. 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 20 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 I can represent myself at Trial or I can choose to be represented by a lawyer from the Office of Defense Services or by a private lawyer. 3. CHECK ONLY ONE [ d) 5. In order to process this request, I have completed the following (PLEASE PRINT): ______________________________________________________ Defendant's Name _________________________________________ Case Number (10 digits) The case number can be found on the Bond and Order to Appear document __________ __________________________ Arraignment Date STREET ADDRESS [ ] Check here if this is a new address CITY STATE ZIP CODE DAY TELEPHONE NUMBER EVENING TELEPHONE NUMBER YOUR SIGNATURE DATE LAWYER'S SIGNATURE DE Bar # 6. Please complete this agreement and mail it to the Court of Common Pleas at the respective courthouse address given above. THE COURT MUST RECEIVE T H I S AGREEMENT AT LEAST 10 DAYS PRIOR TO YOUR ARRAIGNMENT DATE. CCP Form 1 [02-06-10-15-11-2] American LegalNet, Inc. www.FormsWorkFlow.com