How to File a Criminal Guilty Plea

Transcription

1 IN THE IOWA DISTRICT COURT FOR WINNESHIEK COUNTY STATE OF IOWA, ) ) CASE NO. Plaintiff, ) ) vs., ) ) Defendant. ) ) WRITTEN GUILTY PLEA AND ) WAIVER OF RIGHTS Defendant, after cnsultatin with cunsel, makes the fllwing statements: Iwa. 1. I am represented by my attrney, f, 2. I am pleading guilty t the charge(s) f, a(n) misdemeanr, in vilatin f Sectin(s) f the Cde f Iwa:. 3. I admit that n r abut, 201, while in Winneshiek Cunty, Iwa, I did the fllwing things that cnstitute the criminal ffense: a. b. c. d. e. 4. I have received a cpy f the trial infrmatin and the minutes f testimny attached t it. I am crrectly identified in the trial infrmatin. I understand the nature f the charge(s) against me. I have had an pprtunity t review the minutes f testimny, and t discuss them with my attrney. I agree that the Curt may als rely upn thse minutes as a factual basis fr this guilty plea. 5. I understand that the maximum punishment that culd be impsed in my sentence is: [ ] Tw years in prisn and a fine f $6, (aggravated misdemeanr) [ ] One year in jail and a fine f $1, (serius misdemeanr) 6. I understand that the minimum punishment which must be impsed in my sentence is: [ ] A fine f $ ($1, and 7 days in jail if this is an OWI, 2d ffense charge) [ ] A fine f $ ($1, and 2 days in jail if this is an OWI, 1 st ffense charge) [ ] A $ Law Enfrcement Initiative Surcharge. [ ] A $10.00 DARE Surcharge. All fines carry a 35% surcharge. H:\1CA\Pleading-Frms\1GuiltyPlea.dc

2 7. By entering this guilty plea I give up the fllwing rights: a. A speedy and public trial by jury, and participatin in jury selectin; b. A unanimus jury verdict; c. Representatin by an attrney at all times thrughut the jury trial prcess, and at public expense if I cannt affrd ne; d. The privilege against self-incriminatin, including the right t remain silent at trial. By entering this guilty plea I am admitting the charge(s) and waive my right against selfincriminatin; e. The presumptin f inncence unless and until the state prved my guilt. If I chse t nt testify at my trial, the state wuld nt be allwed t cmment n my silence, and n inference f guilt culd be drawn frm my decisin t nt testify; f. The right t have the state prve its case beynd a reasnable dubt; g. The right t cnfrnt and crss examine the witnesses that the state wuld use t prve my guilt beynd a reasnable dubt t the jury; h. The right t have the curt cmpel witnesses t testify n my behalf if I chse t have witnesses testify fr me; i. The right t raise any defense t the charge(s) that I might have. 8. AGREEMENTS AS TO CHARGES OR SENTENCE. a. [ ] This guilty plea is entered withut any agreement with the state s attrney in regards t the charges against me r my sentence. b. [ ] This guilty plea is entered pursuant t Iwa Rule f Criminal Prcedure 2.10 based upn an agreement with the state s attrney in regards t the charges against me and/r my sentence. I understand the agreement is binding n the Curt unless the curt specifically tells me therwise. I als understand that the entire agreement as t the charges and/r sentence t be as fllws: [ ] Defendant wuld receive a deferred judgment with prbatin n the terms set frth belw. [ ] I cnsent t the entry f a deferred judgment and ask the Curt t defer judgment. [ ] I will pay a civil penalty f $ [ ] I will perfrm hurs f cmmunity service wrk fr a nn-prfit rganizatin ther than a gvernmental entity. [ ] Jail/Prisn [ ] A tw year prisn sentence, with credit fr time previusly served. [ ] The prisn sentence will be suspended. [ ] day jail sentence, credit fr time previusly served. I will pay the jail fee fr rm and bard n any jail sentence I serve. [ ] All but days f the sentence will be suspended and I will be placed n prbatin n the terms set ut belw. The jail sentence will be served [ ] successively [ ] n successive weekends [ ] with wrk release privileges subject t the rules f the Sheriff [ ] $.00 fine, 35% surcharge f $, all curt csts, and [ ] A $ Law Enfrcement Initiative Surcharge. [ ] A $10.00 DARE Initiative [ ] The fine and 35% surcharge will be suspended during my gd behavir. H:\1CA\Pleading-Frms\1GuiltyPlea.dc

3 [ ] I will pay victim restitutin t in the amunt f $.00. [ ] Prbatin [ ] Supervised by Department f Crrectinal Services fr year(s) n such terms and cnditins deemed apprpriate by my prbatin fficer and previusly apprved and the Cnditins set frth belw [ ] Unsupervised Prbatin fr year(s). I will bey all lcal, state and federal laws and cmply with Cnditins set frth belw. Cnditins. If n Prbatin, the checked items are cnditins f prbatin. If Defendant is nt n prbatin, the checked items are cnditins f the sentence and failure t fllw the cnditins may subject the Defendant t cntempt prceedings. [ ] Obtain a substance abuse/mental health evaluatin and fllw all recmmendatins. [ ] Cmplete a curse fr drinking drivers [ ] Be placed in the Crrectins Cntinuum and assessed by the Department f Crrectinal Services t determine the apprpriate level f supervisin, which may / will include residential placement. [ ] Cmplete a cgnitive restructuring prgram [ ] Cmplete a mney management curse [ ] Cmplete Batterers Educatin Prgram [call t register fr BEP within 10 days and arrange t start the prgram within 60 days f the date f this Order], and file prf f cmpletin with the clerk. [ ] Cmplete the Sexual Offender Treatment Prgram [ ] Other [ ] Pay supervisin fee [ ] IDOT will suspend my driver s license fr days. [ ] The n cntact Order previusly issued in this case will be extended fr years / will be cancelled. [ ] Reimburse the State f Iwa fr curt appinted attrney fees, when submitted. [ ] Defendant is subject t the Special Sentence prvisins f Iwa Cde 903B.2, cmmitting Defendant t the custdy f the directr f the Iwa department f crrectins fr a perid f ten years, with eligibility fr parle as prvided in chapter 906. [ ] State f Iwa further agrees t dismiss any ther charges related t this incident at Defendant s cst. i. [ ] If the curt des nt accept the sentencing agreement, I withdraw my guilty plea and ask that the case be rescheduled fr trial. ii. [ ] If the curt des nt accept the sentencing agreement, I still wish fr the curt t accept my guilty plea withut a sentencing agreement, and ask that the case be set fr a sentencing hearing. 9. Other than the agreement stated in paragraph n. 8 abve, there is n ther agreement that has been used t get me t enter this guilty plea. N ne has threatened me r made any prmises t H:\1CA\Pleading-Frms\1GuiltyPlea.dc

4 me t get me t enter this guilty plea. I am pleading guilty vluntarily and with an understanding f my rights. 10. WAIVER OF RIGHT TO HAVE JUDGE TALK TO ME REGARDING THIS GUILTY PLEA. I understand that, pursuant t Iwa Rule f Criminal Prcedure 2.8, the curt is required t address me persnally regarding the nature f the charge(s); maximum and minimum punishment; the affect f the plea n my status under federal immigratin laws; and the trial rights utlined in paragraph n. 7 abve. I als understand that I can waive the right t have the curt address me persnally in pen curt abut these things, and I want t waive this right, and ask the curt t accept this guilty plea in my absence. I d nt want t appear in curt fr the purpse f submitting this guilty plea and having it accepted by the curt. 11. RIGHT TO FILE MOTION CHALLENGING OR WITHDRAWING THIS GUILTY PLEA. I understand that when the curt accepts my guilty plea that the nly way I culd try t withdraw it, r t challenge it fr being smehw legally insufficient, is t file a mtin in arrest f judgment. I als understand that a mtin in arrest f judgment must be n file within 45 days f the date this plea is accepted, and at least five days prir t a sentence being entered in my case. I understand that the failure t file this mtin means that I waive the right t challenge the guilty plea, including the right t appeal the taking f the guilty plea. Knwing these things I: [ ] Waive my right t file a mtin in arrest f judgment; r [ ] Maintain my right t file a mtin in arrest f judgment and request that the case be set fr sentencing at a later date and time. 12. RIGHT TO DELAY IN SENTENCING. I understand that when the curt accepts my guilty plea that I am autmatically entitled t a delay in sentencing fr at least fifteen days. I als understand that I may waive the delay in my sentencing hearing. Knwing these things I: [ ] Waive my right t a delay in sentencing, and request that the curt g t sentencing immediately upn accepting my guilty plea; r [ ] Maintain my right t a delay in sentencing, and request that the case be set fr a sentencing hearing at a later date and time. 13. RIGHT TO BE PRESENT IN COURT FOR SENTENCING AND TO PERSONALLY ADDRESS THE COURT REGARDING MY SENTENCE. I understand that I have the right t be persnally present in curt fr purpses f sentencing. My presence in curt als includes the right t persnally address the curt in regards t this case and in regards t what my sentence shuld be. Knwing these things, I: [ ] Waive my right t be present in curt fr purpses f sentencing and waive my right t persnally address the curt in regards t this case as well as in regards t my sentence; r [ ] Maintain my right t be present in curt fr purpses f sentencing and my right t persnally address the curt. H:\1CA\Pleading-Frms\1GuiltyPlea.dc

5 14. I have had adequate time t cnsult with my attrney regarding this guilty plea. I believe that my lawyer has dne all that anyne culd d t cunsel and assist me, and I am satisfied with the advice and help my lawyer has given me. Pursuant t these prvisins, I hereby enter my plea f GUILTY. Dated this day f 20., Defendant I,, Attrney fr Defendant, certify that I have cnsulted with my client in regards t this plea, and that my client has been prvided with the pprtunity t ask any questins that he may have in regards t it. It is my pinin that this plea is being entered knwingly and vluntarily as thse terms are understd in legal prceedings, and ther is a factual basis fr the curt accepting the plea f guilty. I knw f n reasn, either prcedural r substantive, why the Curt shuld nt accept the Defendant s written plea f guilty. Attrney fr Defendant I, Andrew F. Van Der Maaten, Winneshiek Cunty Attrney cnsent t the frm f this written guilty plea and further state that the terms f the plea negtiatins as stated in paragraph eight (8) is crrect and acceptable t the State f Iwa. Dated this the day f, 20. Andrew F. Van Der Maaten H:\1CA\Pleading-Frms\1GuiltyPlea.dc