STATE OF INDIANA v. ___________________________________ ) ) ) ) IN THE HAMILTON COUNTY SUPERIOR COURT 5 CAUSE NO. 29D05-___________________________ MISDEMEANOR AND CLASS D FELONY ADVISEMENT FORM Before the Court may accept a guilty plea, you must be informed of certain facts and certain rights that you have. You must read this document carefully and initial each paragraph. _____ For a Class D felony, the maximum penalty is three years imprisonment at the Department of Correction and a $10,000 fine; the minimum penalty is six months imprisonment at the Department of Correction and no fine; but the Court must assess court costs. If the commission of this offense was less than three years before your discharge from parole, probation, or imprisonment (whichever is later) on a prior felony conviction, the Court may suspend only that part of the sentence over six months. Otherwise, the Court may suspend all or part of the imprisonment and place you on probation. If you plead guilty to a Class D felony, the Court may sentence you as a Class A Misdemeanor unless you have received such treatment on a prior, unrelated Class D Felony and that prior felony was committed within three years of the commission of this offense. _____ For a Class A Misdemeanor, the maximum penalty is 365 days in jail and a fine of $5,000. For a Class B Misdemeanor, the maximum penalty is 180 days in jail and a fine of $1,000. For a Class C Misdemeanor, the maximum penalty is 60 days in jail and a fine of $500. For any misdemeanor, the minimum penalty is no jail and no fine, but the Court may place you on probation for up to one year. The Court must assess court costs. _____ If you plead guilty to more than one offense, the Court may impose the penalties concurrently (together), or consecutively (one after the other). Also, any sentence that you may receive for this offense must be consecutive to a sentence you were serving at the time of this offense, or consecutive to any sentence you may be serving or will be serving for a probation or parole violation, or other pending charge. Also, your guilty plea may adversely affect any sentence, probation, or parole that you are currently serving, or may affect your bond on any other pending charge. _____ If you have a prior history of juvenile or criminal offenses, the Court may impose a harsher penalty than you would otherwise receive. _____ You have the right to be represented by an attorney. If you cannot afford an attorney, the Court will appoint one for you. An attorney can help you prepare your case for trial and subpoena witnesses for you. If you are pleading guilty without an attorney, you should know that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the States case. An attorney may be able to obtain a more favorable sentence through a plea agreement. If you choose to proceed without an attorney, you will be giving up this assistance. _____ You have the right to a public and speedy trial by a jury or by the Court; the right to confront and crossexamine witnesses against you; the right to subpoena witnesses at no cost; the right to remain silent (you cannot be forced to testify against yourself at any hearing or trial); the right to require the State to prove you guilty beyond a reasonable doubt at a trial before you can be convicted of any criminal offense; and the right to appeal your conviction or any decision of the judge. By pleading guilty, you will give up each one of these rights. _____ If you plead guilty to an offense involving the operation of a motor vehicle, your conviction will be sent to the Bureau of Motor Vehicles. The conviction may count toward you being an Habitual Traffic Violator. _____ If you plead guilty to Possession of a Controlled Substance (Ind. Code 35-48-4-7); Dealing in Marijuana (Ind. Code 35-48-4-10); Possession of Marijuana (Ind. Code 35-48-4-11); Possession of Cocaine or Narcotic Drug (Ind. Code 35-48-4-6); or Dealing in Counterfeit Substance (Ind. Code 35-48-4-5), and if you used a vehicle to commit the offense, then the Court must suspend: your license to operate a motor vehicle; your existing motor vehicles registrations; and your ability to register motor vehicles for six months up to two years. _____ If you plead guilty to Operating While Intoxicated as a misdemeanor [Ind. Code 9-30-5-1(a) or 9-30-51(b) or 9-30-5-2] or as a Class D felony (Ind. Code 9-30-5-3) and do not have a previous conviction of operating while intoxicated within 10 years of this date, the Court must suspend your driving privileges for at least 90 days but (OVER) (Rev. 11-30-10) American LegalNet, Inc. www.FormsWorkFlow.com not more than two years, If you did not refuse the chemical test and do not have a commercial drivers license, the Court may order a 180 day probationary license after 30 days of suspension. If you have a previous conviction of operating while intoxicated more than five years but less than 10 years of this date, the Court must suspend your driving privileges for at least 180 days but not more than two years. If you have a previous conviction of operating while intoxicated less than five years of this date, the Court must suspend your driving privileges for at least one year but not more than two years. _____ If you plead guilty to Operating While Intoxicated as a misdemeanor [Ind. Code 9-30-5-1(a) or 9-30-51(b) or 9-30-5-2], and if you have one previous conviction of operating while intoxicated, the Court must sentence you to at least five actual days imprisonment or 180 hours of community service. If you have two or more previous convictions of operating while intoxicated, the Court must sentence you to at least 10 days actual days imprisonment or 360 hours of community service. _____ If you plead guilty to Operating While Intoxicated as a Class D felony (Ind. Code 9-30-5-3), and if you have one previous conviction of operating while intoxicated, the Court must sentence you to at least five actual days imprisonment or 180 hours of community service. If you receive a felony conviction for this offense and if you have two or more previous convictions of operating while intoxicated, the Court must sentence you to at least six months at the Department of Correction. _____ If you plead guilty to Operating While an Habitual Traffic Violator (Ind. Code 9-30-10-16) and receive a felony conviction, the Court must order your privilege of operating a motor vehicle forfeited for life. _____ If you plead guilty to Driving While Suspended as a Class A misdemeanor or a Class D felony, the Court must suspend your driving privileges for 90 days up to two years. _____ If you plead guilty to Illegal Consumption or Possession of Alcohol by a Minor (Ind. Code 7.1-5-7-7) and if you were operating a motor vehicle at the time of the offense, the Court may suspend your drivers license for up to one year. _____ If you plead guilty to a Class A misdemeanor or a Class D felony that involves the use, abuse, delivery, transportation, possession or manufacture of alcohol or drugs as material elements of the offense, then your conviction will count toward you being an Habitual Substance Offender. _____ If you admit to the charge of being an Habitual Substance Offender, the Court must increase your sentence by at least three years of incarceration, but not more than eight years. Under certain situations, the Court may instead increase your sentence by only one year. _____ If you are not a U.S. citizen, a criminal conviction may have immigration consequences, including deportation. You should discuss this possibility with your attorney because if you do plead guilty, it will result in a criminal conviction. _____ If you and the State have entered into a plea agreement, and if the Court accepts the plea agreement, then the Court is bound by the terms of the plea agreement. _____ If the Court places you on probation, you must sign an Order of Probation and agree to all standard conditions of probation and any special conditions required by the Court or by your plea agreement. If you violate a condition of probation, a petition to revoke your probation may be filed within one year after the termination of your probation or 45 days after the State receives notice of the violation, whichever is earlier. _____ I hereby certify that I am pleading guilty knowingly and voluntarily, that no promises, threats or force have been used to make me plead guilty, that I have read the above statements or that they were translated or read to me, that I understand each paragraph that applies to my case, and that I do waive and give up and each and every right listed. ________________________________________ Attorney _______________________________________ Defendant Date: ___________________________________ Date: __________________________________ American LegalNet, Inc. www.FormsWorkFlow.com