Motion To Enter Guilty Plea Pursuant To North Carolina Vs Alford
Motion To Enter Guilty Plea Pursuant To North Carolina Vs Alford Form. This is a Kentucky form and can be use in Criminal Statewide.
Tags: Motion To Enter Guilty Plea Pursuant To North Carolina Vs Alford, 491.2, Kentucky Statewide, Criminal
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : AOC-491.2 Rev. 1-03 Page 1 of 2 Doc. Code: EGPA Commonwealth of Kentucky Court of Justice www.kycourts.net -againstRcr 8.08, 8.10; KRS 532.050(1) Index No. Case No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA MOTION TO ENTER GUILTY PLEA : PURSUANT TO NORTH CAROLINA VS. ALFORD Court County : COMMONWEALTH OF KENTUCKY VS. : PLAINTIFF Defendant(s) : ...................................................... DEFENDANT THE PEOPLE OF THE STATE OF NEW YORK TO Comes the Defendant, in person and with aid of counsel, and respectfully moves this Court to allow him/her to withdraw his/her former plea of "NOT GUILTY” and enter a plea of "GUILTY” as set forth below. In support of this motion, the Defendant states as follows: GREETINGS: 1. My full name is _______________________________________________________________________________. I am the same person named in the indictment. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , Court located at County of 3. I have reviewed a copy ofthe indictment and told my attorney , atthe facts known in the concerning my at any recessed all in room , on the day of , 20 o'clock to me noon, and charges. I believe he/she is fully informed about my case. We have fully discussed, and I understand, the charges and any or adjourned date, to testify and give evidence as a witness in this action on the part of the possible defenses to them. 2. My judgment is not now impaired by drugs, alcohol or at the medication. the Honorable 4. I understand that I may plead "NOT GUILTY” or "GUILTY” to any charge against me. Your failure to comply with this subpoena me the following rights: 5. I further understand the Constitution guarantees tois punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a (a)result of your failure to comply. myself; The right not to testify against (b) The right to a speedy and public trial by jury at which I would be represented by counsel and the Commonwealth would have to prove my guilt beyond a reasonable doubt; of the Justices of the Witness, Honorable , one (c) The right to confront and cross-examine all witnesses called to testify against me; Court right to produce any evidence, including attendance of witnesses, in my favor; and, County, day of , 20 (d) The in (e) The right to appeal my case to a higher court. I understand that if I plead "GUILTY,” I waive these rights. (Attorney must sign above and type name below) 6. I understand that if I plead "GUILTY,” the Court may impose any punishment within the range provided by law and that although it may consider the Commonwealth’s recommendation, the Court may reject it. The legal penalty ranges are set forth on the attached "Commonwealth’s Offer on a Plea of Guilty (AOC-491.1)” which I have reviewed Attorney(s) for and signed. 7. I understand that if the Court rejects the plea agreement, it must so inform me. If this occurs, I may either persist in my guilty plea and possibly receive harsher treatment than I bargained for, or I may withdraw my guilty plea and proceed to trial. I further understand the Court shall not impose a sentence for a felony, other than a capital offense, Office and P.O. Address without first ordering a presentence investigation. The Court will consider a written report of the presentence investigation before it informs me whether it will accept the plea agreement. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : AOC-491.2 Rev.1-03 Page 2 of 2 : Index No. Calendar No. : JUDICIAL sentence(s) set Plaintiff(s) 8. In return for my guilty plea, the Commonwealth has agreed to recommend to the Court the SUBPOENAforth in the attached "Commonwealth’s Offer on a Plea of Guilty.” Other than that recommendation, no one, including my -against: attorney, has promised me any other benefit in return for my guilty plea nor has anyone forced or threatened me to plead "GUILTY.” : 9. Pursuant to North Carolina vs. Alford, 400 U.S. 25 (1970), I wish to plead "GUILTY” in reliance on the attached "Commonwealth’s Offer on a Plea of Guilty.” In so pleading, I do not :admit guilt, but I believe the evidence against me strongly indicates guilt and my interests are best served by a guilty plea. Defendant(s) : ...................................................... 10. I declare my plea of "GUILTY” is freely, knowingly, intelligently and voluntarily made; that I have been represented by counsel; that my attorney has fully explained my constitutional rights to me, as well as the charges against me and any defenses to them; and that I understand the nature of this proceeding and all matters contained in this document. THE PEOPLE OF THE STATE OF NEW YORK 11. I understand that because of my conviction here today, I may be subject to greater/enhanced penalties if found TO guilty and/or convicted of any future criminal offenses. I understand that if I am not a United States citizen, I may be subject to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service. I understand the complete terms of this plea and all the obligations imposed upon me by its terms. GREETINGS: Signed in open court in the presence of my attorney this ________ day of _____________________, 2_____. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of _____________________________________ in room , on the day of , 20 , at o'clock in the noon, and at Defendant’s Signatureany recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the CERTIFICATE punishable as a Your failure to comply with this subpoena is OF COUNSEL contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 1. result of best of my knowledge and belief, the defendant understands the allegations contained in the To the your failure to comply. indictment and/or any amendments thereto. I have fully discussed with the defendant the charges and any possible defenses to them and I believe he/she fully understands the charges and possible defenses. I have Witness, Honorable reviewed with defendant the attached "Commonwealth’s Offer on a Plea of , one ofand the foregoing "Motion Guilty” the Justices of the to Enter Court in a Plea of Guilty,” and I believe he/she understands these documents. County, day of , 20 2. To the best of my knowledge and belief, his/her plea of "GUILTY” is made freely, knowingly, intelligently and voluntarily. I have fully explained the defendant’s constitutional rights to him/her and I believe that (Attorney must sign above and type name below) he/she understands them. 3. The plea of "GUILTY” as offered by the defendant is consistent with my advice to him/her, and I recommend to the Court that his/her plea be accepted. Attorney(s) for Signed by me in open court in the presence of the Defendant this _______ day of _______________, 2______. ___________________________________________ Office Attorney Address and P.O. for Defendant Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com