Arizona

Criminal Procedure

Criminal Procedure

Rule 17.2 – Advising of Rights and Consequences of a Guilty or NO Contest Plea

(a)Generally. Except as provided in Rule 17.1(f)(2), before accepting a plea of guilty or no contest, the court must address the defendant personally, inform the defendant of the following, and determine that the defendant understands:

(1) the nature of the charges to which the defendant will plead;
(2) the range of possible sentences for the offenses to which the defendant is pleading, any special conditions regarding sentencing, parole, or commutation imposed by statute;
(3) the constitutional rights that the defendant foregoes by pleading guilty or no contest, including the right to counsel if defendant is not represented by counsel;
(4) the right to plead not guilty; and
(5) in a noncapital case, the defendant’s plea of guilty or no contest will waive the right to appellate court review of the proceedings on a direct appeal; and that the defendant may seek review only by filing a petition for post-conviction relief under Rule 32 and, if it is denied, a petition for review.
(b)Immigration Advisement.

(1)Advisement. The court must advise that a plea may have immigration consequences and specifically state:

“If you are not a citizen of the United States, pleading guilty or no contest to a crime may affect your immigration status. Admitting guilt may result in deportation even if the charge is later dismissed. Your plea or admission of guilt could result in your deportation or removal, could prevent you from ever being able to get legal status in the United States, or could prevent you from becoming a United States citizen.”

(2)Advisement Before Admission of Facts. A court also must give the advisement in (b)(1) before any admission of facts sufficient to warrant a finding of guilt, or before any submission on the record.
(3)Disclosure of Immigration Status. A court may not require a defendant to disclose his or her legal status in the United States.

Ariz. R. Crim. P. 17.2

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 17.2, relating to duty of court to advise of defendant’s rights and of the consequences of pleading guilty or no contest, or of admitting guilt, or of submitting on the record, was abrogated effective January 1, 2018.