IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF ____________________ ) ) ) ) Plaintiff, ) ) vs. ) ______________________________________, ) ) ) Defendant. STATE OF IDAHO, Case No. CR____________________ DEFENDANT'S WRITTEN PLEA I, __________________________________, having been advised of my rights do acknowledge the following: 1. 2. I am represented by my lawyer, _____________________________________________. I am charged with having committed the following crimes: COUNT 1 - ______________________________ which is punishable by ____________________________ COUNT 2 - ______________________________ which is punishable by ____________________________ COUNT 3 - ______________________________ which is punishable by ____________________________ COUNT 4 - ______________________________ which is punishable by ____________________________ COUNT 5 - ______________________________ which is punishable by ____________________________ 3. I am _________ years of age. I have _________ years of education. I ¨ do ¨ do not have any trouble in reading and understanding the English language. [If you do, please explain] _______________________________________________________________________________ DEFENDANT'S WRITTEN PLEA American LegalNet, Inc. www.FormsWorkFlow.com Page 1 _______________________________________________________________________________ _______________________________________________________________________________ 4. I understand that I have the following rights, which I keep if I plead not guilty: a. I have a right to a trial before a jury of 12 persons; that the state must convince each of those 12 persons of my guilt beyond a reasonable doubt; that in order to prove its case, the state must call witnesses to testify, under oath, before me, before the jury and before my lawyer. My lawyer would have the right to question those witnesses or crossexamine them. b. I would have the right to call witnesses of my choosing to testify concerning my guilt or innocence. If I do not have the money to bring those witnesses to court the state would pay the cost of bringing those witnesses to court. c. I have the absolute right to remain silent throughout my entire trial. I cannot be compelled to testify. 5. That is: a. There will be no trial. There will be no witnesses concerning my guilt or innocence. I will waive my right to remain silent. In fact, I can be required to take the oath and testify about the matters to which I have pled guilty. b. If I pled guilty, I will give up any right to contest or object to anything that has happened in my case prior to the time I enter my guilty plea. For example, I will not be able to challenge the method or manner of my arrest, or of any searches of my person or property, or of any confession or statement I may have made. c. If I pled guilty, I will be considered to have admitted each of the facts alleged in the charge to which I pled guilty. 6. At the time I sign this plea, I am not under the influence of any drugs or alcohol that in any I understand that if I plead "guilty," I will give up all of the rights recited in paragraph 4. way interferes with my ability to understand what I am doing. I am not suffering any mental illness or disability that interferes with my ability to understand what I am doing. 7. ¨ I am in custody. My bail is set at $__________________________________. ¨ I am not in custody. My telephone number is _________________________. My residence is at ________________________________________________________. American LegalNet, Inc. www.FormsWorkFlow.com DEFENDANT'S WRITTEN PLEA Page 2 My mailing address is _____________________________________________________. 8. lawyer. I have discussed the charges against me and all of the matters setforth in this form with my DEFENDANT'S PLEA ¨ ¨ I plead NOT GUILTY to all charges. There ¨ is ¨ is not a plea bargain. If there is, a written copy is attached to this plea. I understand and agree that the judge is not bound by any such plea bargain. ¨ I plead GUILTY to the charges in Count(s) __________________________ of the Information. I have not been promised anything in order to get me to plead guilty. No one has threatened me to get me to plead guilty. I enter this plea freely, voluntarily and knowing that the judge could sentence me to the maximum punishment for the crime(s) I have pled guilty. I did the things and acts alleged in the charge(s) to which I pled guilty. Dated this _____________ day of __________________, 20____. ____________________________________ ____________________________________ Defendant (Print Name) Certificate of Lawyer I concur with the foregoing plea. If the plea is not guilty, I estimate a __________ day trial. ____________________________________ ____________________________________ Lawyer (Print Name) DEFENDANT'S WRITTEN PLEA American LegalNet, Inc. www.FormsWorkFlow.com Page 3 CERTIFICATE OF MAILING I hereby certify that on the _______ day of ____________________, 20____ a true and correct copy of the foregoing was mailed, postage prepaid, or sent by facsimile or interoffice mail to: ______________________ County Prosecuting Attorney Judge _____________________ By _________________________ DEFENDANT'S WRITTEN PLEA American LegalNet, Inc. www.FormsWorkFlow.com Page 4