Suggested Questions to Be Asked When Taking Pleas of Guilty or Nolo Contendere

A. Pleas of Guilty or Nolo Contendere with Plea Agreements Requiring

Imposition of an Active or Suspended Sentence of Confinement in Jail

1. Do you understand the charge(s) against you?

2. When Defendant appears without counsel:

a) Do you understand you have the right to be represented by a lawyer?

b) Do you understand that if you do not have the financial ability to hire your own lawyer, and you want me to, I will have you interviewed to see if you qualify for court-appointed counsel and I will appoint an attorney to represent you if you qualify?

c) Do you want to hire an attorney to represent you, or be interviewed for court-appointed counsel or do you want to proceed today without a lawyer?

3. In Circuit Court:

a) Do you understand that you have the right to have your case heard by a jury?

b) Do you want your case to be heard by a judge without a jury or do you want a jury trial?

4. I understand that you have agreed to plead guilty (no contest) with the understanding that you will be sentenced to____________________________. Is that correct?

or

b) I understand that you have agreed to plead guilty (no contest) with the understanding that the prosecutor will recommend a sentence of

________________. Do you understand that I do not have to accept the recommendation and that I can sentence you from________________to ________________? (provide full sentence range allowed by law)

5. Have you been promised anything else to get you to plead guilty (no contest)?

6. Are you being forced or threatened into pleading guilty (no contest)?

7. Do you understand that by pleading guilty (no contest) you are giving up your right to a trial including the right to hear from and question the witnesses against you and the right to avoid being required to give evidence against yourself?

8. Do you understand that if you are not a citizen of the United States and if you plead guilty or are found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States?

9. Do you have any questions before I accept your plea(s) of guilty (no contest)?

B. Pleas of Guilty or Nolo Contendere Without a Plea Agreement

1. Do you understand the charge(s) against you?

2. When Defendant appears without counsel:

a) Do you understand you have the right to be represented by a lawyer?

b) Do you understand that if you do not have the financial ability to hire your own lawyer, and you want me to, I will have you interviewed to see if you qualify for court-appointed counsel and I will appoint an attorney to represent you if you qualify?

c) Do you want to hire an attorney to represent you, or be interviewed for court-appointed counsel or do you want to proceed today without a lawyer?

3. In Circuit Court:

a) Do you understand that you have the right to have your case heard by a jury?

b) Do you want your case to be heard by a judge without a jury or do you want a jury trial?

4. Do you understand that based upon your plea of guilty (no contest) the possible range of punishment is_to_?

5. Have you been promised anything else to get you to plead guilty (no contest)?

6. Are you being forced or threatened into pleading guilty (no contest)?

7. Do you understand that by pleading guilty (no contest) you are giving up your right to a trial including the right to hear from and question the witnesses against you and the right to avoid being required to give evidence against yourself?

8. Do you understand that if you are not a citizen of the United States and if you plead guilty or are found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States?

9. Do you have any questions before I accept your plea(s) of guilty (no contest)?

Suggested Plea of Guilty to Misdemeanor Plea Form with Plea Agreement

Requiring Imposition of an Active or Suspended Sentence

of Confinement in Jail

1. I understand the charge(s) against me.

2. I understand that I have the right to be represented by an attorney.

b) I understand that if I do not have the financial ability to hire my own attorney, I could be interviewed to see if I qualify for court appointed counsel and if I did qualify the court would appoint an attorney to represent me.

c) I do not want to be represented by an attorney and I do not want to be interviewed to see if I qualify for court appointed counsel. It is my desire to give up my right to counsel and to proceed today without an attorney.

3. In Circuit Court:

a) I understand that I have the right to have my case heard by a jury.

b) I do not want my case to be heard by a jury and wish to proceed to have my case heard today by a judge without a jury.

4. I am pleading guilty (no contest) today based upon my understanding that I will be sentenced to________________.

b) I am pleading guilty (no contest) today based upon my understanding that the prosecutor will recommend a sentence of________________. I understand that the judge does not have to accept the recommendation and can sentence me from________________ to ________________.

5. I have not been promised anything to get me to plead guilty (no contest).

6. I am not being forced or threatened to get me to plead guilty (no contest).

7. I understand that by pleading guilty (no contest) I am giving up my right to a trial including the right to hear from and question the witnesses against me and the right to avoid being required to give evidence against myself.

8. I understand that if I am not a citizen of the United States and I plead guilty or am found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States.

9. I do not have any questions to ask the court before the court decides whether to accept my plea of guilty (no contest).

Suggested Plea of Guilty to Misdemeanor

Plea Form without Plea Agreement

1. I understand the charge(s) against me.

2. I understand that I have the right to be represented by an attorney.

b) I understand that if I do not have the financial ability to hire my own attorney, I could be interviewed to see if I qualify for court appointed counsel and if I did qualify the court would appoint an attorney to represent me.

c) I do not want to be represented by an attorney and I do not want to be interviewed to see if I qualify for court appointed counsel. It is my desire to give up my right to counsel and to proceed today without an attorney.

3. In Circuit Court:

a) I understand that I have the right to have my case heard by a jury.

b) I do not want my case to be heard by a jury and wish to proceed to have my case heard today by a judge without a jury.

4. I am pleading guilty (no contest) today based upon my understanding that I could be sentenced from_to_.

5. I have not been promised anything to get me to plead guilty (no contest).

6. I am not being forced or threatened to get me to plead guilty (no contest).

7. I understand that by pleading guilty (no contest) I am giving up my right to a trial including the right to hear from and question the witnesses against me and the right to avoid being required to give evidence against myself.

8. I understand that if I am not a citizen of the United States and I plead guilty or am found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States.

9. I do not have any questions to ask the court before the court decides to accept my plea of guilty (no contest).