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Guilty Plea Colloquy Form. This is a Pennsylvania form and can be use in Lackawanna Local County.
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Tags: Guilty Plea Colloquy, Pennsylvania Local County, Lackawanna
Name:
Case No:
Plea Date:
GUILTY PLEA COLLOQUY
You are present before this Court because you or your lawyer
has stated that you wish to plead guilty to some or all of the criminal
offenses which you have been charged. Please answer fully all of the
questions on this document. If you do not understand any questions,
you should answer “yes” or “no”, or fill in another appropriate answer.
This is a sworn statement. After you have finished reading this
form and filling it out, you should sign it on the last page, on the last
line that says “Defendant”. You should also initial each page at the
bottom, but only if you have read and have understood that page. If
there is anything that you do not understand, you should tell your
lawyer and the judge who hears your case, so that they can explain it
to you fully, to make sure that you understand all your rights.
Most of these questions can be answered “yes” or “no”. Where
general information is requested, please answer fully.
1. What is your full name?
2. Do you wish to plead guilty to the charges of
as laid out in criminal action
.
3. How old are you?
.
4. How far did you go in school?
.
5. Do you read and write the English language?
.
5a. Have you had an opportunity to read the charging pending against
you?
.
5b. Therefore do you know exactly what you are charged with and
what you are pleading to?
.
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6. Have you ever been in a mental institution or received treatment
for a mental disease?
.
7. Have you had any alcoholic beverages or drugs within the last 24
hours?
.
8. Have you fully discussed your case with your attorney and are you
fully satisfied that he know all the facts of your case and has had
sufficient time to look into any questions either he or you may have
about the case?
.
8a. Are you satisfied with your attorney?
.
9. Do you understand that even though you are guilty or may be
guilty you are presumed to be innocent, and have a right to go to trial
either before a judge or before a jury of 12 individuals and the
Commonwealth must prove to the satisfaction of each and every one
of the 12 jurors or to the satisfaction of the judge that you are guilty
beyond a reasonable doubt?
.
9a. Do you understand that you and your attorney have a right to
participate in the selection of a jury?
.
10. Do you understand that if you want to go to trial your attorney will
be permitted to cross-examine the Commonwealth’s witnesses and to
call witnesses on your behalf, but if you plead guilty, you will lose the
right to call witnesses or to cross-examine the Commonwealth
witnesses?
.
11. Do you understand that by pleading guilty your are admitting that
you did the things you are charged with and that if you plead not
guilty, the Commonwealth cannot force you to take the stand and
either admit or deny that you did the things you are charged with?
.
12. Do you understand that by pleading guilty you are giving up your
right to appeal any question in this case except for those concerning
the right of this Court to try you (jurisdiction over the submit matter)
or the legality or propriety of the sentence imposed?
.
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13. State specifically in detail any plea agreement with the District
Attorney.
13a. Has the District Attorney made any other promises to you in
exchange for your guilty plea other than what is mentioned above?
.
13b. Have you been threatened or coerced in any manner to enter
this guilty plea?
.
14. Do you understand that the Court is not bound by the agreement
you made with the District Attorney?
.
15. Do you understand that the maximum penalty to the charges you
are pleading guilty to is:
.
15a. If you are pleading guilty to more than one charge, do you
understand that the judge may imposed consecutive sentences?
.
.
15b. Do you understand that certain crimes carry mandatory
minimum penalties?
Did you attorney advise you that any mandatory penalties apply to
your case?
If the preceding answer is yes, state the mandatory provisions that
apply to your case.
.
.
16. The elements of the crime charged are as follows:
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16a. Do you understand these are the elements of the crimes charges
that you are pleading to?
.
17. The District Attorney indicates that this is what you did on the
date of the crime charged.
18. Do you admit that you did the above stated act?
.
19. Understanding the full meaning of the plea of guilty as stated
above, do you still wish to plead guilty?
.
I affirm that I have read the above document in its entirety and have
reviewing it with my attorney. I affirm that I am aware of the full
implications of pleading guilty and nevertheless wish to plead to the
specified offense(s). I further affirm that my signature on this Guilty
Plea Colloquy and initials on each page of this document are true and
correct.
DATE:
Defendant
I,
, Esquire, Attorney for
state that I have advised my client of the contents and meanings of the
document; it is my belief he/she fully comprehends the implication of
pleading guilty and is pleading guilty of his/her own free will.
Attorney for Defendant
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