Local
Rules of Criminal Procedure Index
Rule 102
Citing The Criminal Procedural Rules
Rule 120 Attorneys
– Appearances and Withdrawals
Rule 570 Duties and Powers of a Bail Agency
Megan’s Law Supplement to Guilty Plea Colloquy Form
Rule 602 Presence of the Defendant
Rule 702
Aids in Imposing Sentence
All
local criminal procedural rules adopted by the Court of Common Pleas of Carbon
County under the authority of Pa.R.Crim.P.105 shall be known as the Carbon
County Local Rules of Criminal Procedure and shall be cited as “CARB.R.Crim.P.
_______.”
The Entry of
Appearance required under Pa.R.Crim.P.120 (A) shall be substantially in the
form as attached hereto.
IN THE COURT OF
COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
DIVISION
COMMONWEALTH OF PENNSYLVANIA :
: D.J.ID# _______________________
-vs.- : O.T.N.
# ______________________
: C.P. ID #______________________
___________________________________ :
Defendant :
___________________________________________
Attorney
for Party Named Above and Bar ID Number
___________________________________________
Firm
___________________________________________
Address
___________________________________________
City,
State, Zip Code
___________________________________________
Telephone
Number
___________________________________________
Fax
Number for Service of Papers (Optional)
Date: __________________ ___________________________________________
Signature
Effective July 1, 2004
RULE 202 APPROVAL OF SEARCH WARRANT APPLICATION BY
ATTORNEY FOR COMMONWEALTH – LOCAL OPTION
The District
Attorney of Carbon County, having filed on January 22, 2001 a certification pursuant
to Pa.R.Crim.P.202(A), search warrants in all circumstances shall not hereafter
be issued by any judicial officer unless the search warrant application has the
approval of an attorney for the Commonwealth prior to filing.
Effective July 1, 2004
The District Attorney
of Carbon County, having filed on January 22, 2001 a certification pursuant to
Pa.R.Crim.P.507, criminal complaints and arrest warrant affidavits by police
officers, as defined in the Rules of Criminal Procedures, charging one or more
felony or misdemeanor of the first, second, or third degree, shall not
hereafter be accepted by any judicial officer unless the complaint and
affidavit has the approval of an attorney for the Commonwealth prior to filing.
Effective July 1, 2004
(A) The defendant or a third
party surety may post realty as security for bail. When posting realty as bail, a licensed real estate broker shall
perform a written appraisal of the fair market value.
(B) Upon receipt of the written
appraisal, a determination will be made whether the actual net value is at
least equal to the amount of the bond, and, if sufficient, realty will be
accepted as consideration for bail.
(C) A given piece of realty
shall be used as bail only if it has not been posted or is not presently being
used for bail for any other charges for defendants unless the Court has given
approval.
(D) The Clerk of Courts shall
enter a judgment of record in favor of the County of Carbon on any realty
posted as bail for the full amount of the undertaking. The depositor shall pay a fee, which is
established by the Prothonotary, for the cost of recording and satisfying the
Judgment of Record to the Clerk of Courts upon the posting of the realty.
Effective July 1, 2004
The Pretrial Services Division
of the Adult Probation Office shall be appointed the bail agency for the Court
of Common Pleas of Carbon County to monitor and assist defendants released on
bail pursuant to Pa.R.Crim.P.530, except for administering the percentage cash
bail.
Effective July 1, 2004
RULE 535D RECEIPT FOR
DEPOSIT; RETURN OF DEPOSIT
The Clerk of Courts shall retain $75.00 of the amount deposited as an
administrative fee. Any moneys
deposited by a third party surety shall be returned in full less the
administrative fee.
Where
realty has been posted as bail, the Clerk of Courts shall satisfy the Judgment
of Record.
Effective July 1, 2004
(A) In addition to the provisions of Pa.R.Crim.P.570, the District Attorney
shall conduct a status conference with defense counsel, defendant and, if
unrepresented, the defendant on all cases that have not resulted in written
agreements at the preliminary hearing level.
(B) Prior to the Defendant’s status conference, the District Attorney shall
obtain data of the prior criminal convictions, if any, of the defendant and
shall calculate the prior record score for guideline sentencing purposes.
(C) At the status conference, the District Attorney shall make the Sentencing
Guideline Report available to defense counsel, defendant, and, if
unrepresented, the defendant.
(D) At the end of the status conference, written stipulations for pleas,
trials, or other dispositions shall be completed signed by the District
Attorney/Assistant District Attorney, defense counsel, and defendant. The original stipulation shall be filed in
the Clerk of Court’s office and service made pursuant to Pa.R.Crim.P.576.
Effective
July 1, 2004
Arraignments in
non-capital cases shall be conducted by the District Attorney.
Effective July 1, 2004
When counseling a
defendant relative to the entry of a plea of guilty or nolo contendere, counsel
shall review and explain to the defendant the contents of the Guilty Plea
Colloquy form or Nolo Contendere Colloquy form, which are attached hereto. If the Defendant is charged and to be
sentenced under Megan’s Law, counsel shall review the attached Megan’s Law
Supplement To Guilty Plea Colloquy form as required by 42 Pa.C.S.A. § 9795.3
(6). Such forms shall be initialed and
signed by the defendant. Defendant
counsel’s signature thereon shall constitute a certification by the attorney
that he/she has read, discussed, and explained the plea form and, if required,
the Megan Law form to the defendant, and that to the best of his/her knowledge,
information, or belief, his/her client understands what he/she is doing by
entering his/her plea.
Guilty Plea Colloquy and
Megan Law Supplement forms shall be filed in open Court at the time of entry of
any plea of guilty or nolo contendere.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA :
:
-vs.- : NO.
________________________________ :
Defendant :
You
are present before this Court because you or your lawyer have stated that you
wish to plead guilty to some or all of the criminal offenses with which you
have been charged. Please answer fully all the questions on this document. If you
do not understand any explanations given to you on this document, say so by
putting the word “no” in the blank provided after the questions. If you do
understand the questions, you should write in the word “yes”. None of the lines should be left blank.
After
you have finished reading this and filling it out, you should sign it on the
last page, on the 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 say so in writing on
this form. You should also tell your lawyer and the Judge who hears your case,
so that they can explain it to you fully, to make sure you understand all your
rights.
Most
of these questions are designed to be answered “yes” or “no”. Where general
information is asked for, however, please answer fully.
1. What is your full name?
________________________________________
2. Are you known by any other name or
alias?_________________________
3. If the answer to Number 2 is “yes” state
the other name or aliases.
____________________________________________________________
4. What is your date of birth?
______________________________________
5. What was the last grade completed in
school?_______________________
6. Can you read, write and understand the
English language? ____________
7. As you appear
before the Court today to enter a guilty plea, are you under the influence of
alcohol or any kind of drugs?_______________________
8. Have you ever
been a patient in a mental institution or have you ever been treated for a
mental illness? _____________________________________
9. If the answer to Number 8 is “yes”,
please explain the details.
____________________________________________________________
10. Are you currently being treated for a
mental illness?__________________
11.
If the answer to Number 10 is “yes”, explain the details. ______________
____________________________________________________________
12.
If you are presently being treated for a mental illness, do you feel that
you have sufficient mental capacity to understand what you are doing today, and
to understand these questions and answer them correctly?__________
13.
Do you understand that you are here today to enter a guilty plea to some
or all of the charges against you? ___________________________________
14.
Do you understand the nature of the offenses to which you are pleading
guilty? _____________________________________________________
15.
Has your lawyer explained to you the elements of the criminal offenses to
which you are pleading?________________________________________
16. Do you admit to committing the offenses to
which you are pleading guilty and to the legal elements explained to you making
up those offenses? ____________________________________________________________
17. Do you understand that you have a right to
a trial by jury? _____________
18. Do you understand that the right to trial
by jury means that you can participate in the selection of a jury with your
attorney; that the jury is randomly selected from the voter registration list
of Carbon County and a cross-section of the citizens of Carbon County, and that
the jury has to agree unanimously on your guilt before you can be convicted of
the offenses with which you are charged? _____________________________
19. Do you understand that you are presumed
innocent until found guilty? In other words, do you understand that the
Commonwealth must prove your guilt beyond a reasonable doubt before you can be
convicted of the offenses charged?
_____________________________________________
20. Do you understand that the Commonwealth
has the burden of proving you guilty beyond a reasonable doubt, which means you
can remain silent and nothing can be held against you for refusing to testify
in your own defense? ____________________________________________________
21. Do you understand that you have a right to
confront and cross-examine all Commonwealth witnesses in your case who are necessary
to prove your guilt? ______________________________________________________
22. Do you understand that by pleading guilty
you are waiving that right of confrontation and cross-examination?
_____________________________
23. Do you realize that by pleading guilty you
are giving up your right to present any pre-trial motions for consideration to
this or a higher Court in the event those motions are
denied?_______________________________
24. Do you realize that if you were convicted
after a trial you could appeal the verdict to a higher Court and raise any
errors that were committed in the trial Court, and that this could result in
your being awarded a new trial or discharged, and that by pleading guilty you
are giving up this right? ____________________________________________________________
25. Do you realize that if you were convicted
after a trial you could appeal the verdict to a higher Court and you could also
challenge whether the Commonwealth had presented enough evidence to prove you
guilty beyond a reasonable doubt? _____________________________________
26. Are you aware that the Court is not bound
by the terms of any plea agreement entered into between you, your counsel and
the Attorney for the Commonwealth, until the Court accepts such plea agreement?
____________________________________________________________
27. Do you understand that the Court is not a
party to any agreement or recommendation made by the parties and that any
recommendation and/or stipulation regarding sentence is not binding on the
Court and you knowingly waive the right to withdraw this plea if the Court does
not concur in the recommended sentence?_____________________________
28. Are you aware of the permissible range of
sentence and/or fines that can be imposed for the offenses to which you are
pleading guilty? _________________________________________________________________________________________________
29. Are you aware of the maximum sentence
and/or fine, which the Court could impose upon you for each of the offenses to
which you are pleading guilty?
_________________________________________________________________________________________________
30. Do you understand that any sentence
imposed upon you for any of the offenses to which you are pleading guilty can
be imposed consecutively to either (a) any sentence imposed upon you for any
other offense for which you are pleading guilty in this case; or (b) any
sentence imposed upon you in any other case?
_________________________________________________________________________________________________
31.
Do you understand that “consecutive” sentences means that one sentence
will follow after another and that “consecutive” sentences do not run at the
same time?
_________________________________________________________________________________________________
32.
Do you understand that the aggregate maximum
sentence you could receive if you are pleading guilty to multiple offenses is
the total of all maximum sentences for all the offenses added together?
_________________________________________________________________________________________________
33.
Do you understand that you have a
right to have witnesses present at your guilty plea hearing to testify for you?
Are you willing to give up that right and have the Attorney for the
Commonwealth summarize the facts against you?
_________________________________________________________________________________________________
34.
After you enter your guilty plea and it is accepted by the Court, you
still have a right to appeal your conviction. The appeal from a guilty plea is
limited, however, to four grounds. They are:
(a) that your guilty plea was not knowing,
intelligent and voluntary;
(b) that the Court did not have jurisdiction
to accept your plea (in other words, the offenses for which you are pleading
guilty did not occur in Carbon County);
(c) that the Court’s sentence is beyond the
maximum penalty authorized by law; and
(d) that your attorney was incompetent in
representing you and advising you to enter a plea of guilty
Do you
understand these four areas of appeal and what they mean?____________
In order to
appeal your conviction by a plea of guilty, you must within ten (10) days file
a written motion to withdraw your guilty plea and state any of the four above
grounds as the basis for your petition to withdraw your guilty plea. This must
be done within ten (10) days from the date you are sentenced. If you cannot
afford a lawyer to represent you or you are contending that your attorney, who
represented you at your guilty plea, was incompetent, you have the right to
have other counsel appointed for you to raise those four claims. If your
petition to withdraw your guilty plea is denied, you then have thirty (30) days
to file an appeal from that denial with the Superior Court of Pennsylvania.
If you do not
file your petition within ten (10) days of your sentence or do not file a
Notice of Appeal to the Superior Court within thirty (30) days after your
petition to withdraw your guilty plea is denied, you give up your right to ever
complain again of any of those four areas, including incompetent counsel.
Do you understand the meaning of the various
appeal rights that have just been explained to you?
___________________________________________________
35. Has anybody forced you to enter this plea
of guilty?__________________
36. Are you doing this of your own free will?
__________________________
37. Have any threats been made to you to enter
a plea of guilty? ___________
38. Have any promises been made to you to
enter a plea of guilty other than any plea agreement that has been negotiated
for you by your attorney?
____________________________________________________________
39. Do you understand that the decision to
enter a guilty plea is yours and yours alone; that you do not have to enter a
plea of guilty and give up all your rights, as previously explained to you and
that no one can force you to enter a guilty plea?
__________________________________________
40. Do you understand that if your plea is
accepted by this Honorable Court, you would have the right to have a
Pre-Sentence Report prepared on your behalf to aid the Judge in determining the
appropriate sentence to be imposed upon you? Since this is a plea bargain, are
you willing to waive the preparation of the pre-sentence investigation? ____________
(if applicable)
41. Are you presently on probation or
parole?__________________________
42. If you are on probation or parole, do you
realize that your plea of guilty will mean a violation of that probation or
parole and you can be sentenced to prison as a result of that violation caused
by your guilty plea today?
____________________________________________________________
43.
Are you satisfied with the representation of your attorney?_____________
44.
Have you had ample opportunity to consult with your attorney before
reading this document and entering your plea of guilty? _______________
45. Has your attorney gone over with you the meaning of the terms
in this document? __________________________________________________
I affirm that I
have read the above document in its entirety and I understand its full meaning,
and I am still nevertheless willing to enter a plea of guilty to the offenses
specified. I further affirm that my signature and initials on each page of this
document are true and correct.
Date:________________ ___________________________________
I,
_________________________________, Esquire, Attorney for
________________________________, state that I have advised my client of the
contents and meaning of this document; that it is my belief that he/she
comprehends and understands what is set forth above; that I am prepared to try
this case; and that the defendant understands what he/she is doing by pleading guilty.
Date:________________ ___________________________________
Attorney
for the Defendant
COMMONWEALTH OF PENNSYLVANIA :
:
-vs.- : NO.
_______________________________ :
Defendant :
You
are present before this Court because you or your lawyer have stated that you
wish to plead Nolo Contendere to some or all of the criminal offenses with
which you have been charged. Please answer fully all the questions on this
document. If you do not understand any explanations given to you on this
document, say so by putting the word “no” in the blank provided after the
questions. If you do understand the questions, you should write in the word
“yes”. None of the lines should be left
blank.
After you
have finished reading this and filling it out, you should sign it on the last
page, on the 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 say so in writing on this form.
You should also tell your lawyer and the Judge who hears your case, so that
they can explain it to you fully, to make sure you understand all your rights.
Most of
these questions are designed to be answered “yes” or “no”. Where general
information is asked for, however, please answer fully.
1. What is your full name?
________________________________________
2. Are you known by any other name or
alias?_________________________
3. If the answer to Number 2 is “yes,”
state the other names or aliases.
____________________________________________________________
4. What is your date of birth? ______________________________________
5. What was the last grade completed in
school?_______________________
6. Can you read, write and understand the
English language?_____________
7. As you appear before the Court today to enter a plea of Nolo Contendere,
are you under the influence of alcohol or any kind of drugs?___________
8. Have you ever been a patient in a mental institution or have
you ever been treated for a mental illness?
_____________________________________
9. If the answer to Number 8 is “yes”,
please explain the details.
____________________________________________________________
10. Are you currently being treated for a
mental illness?__________________
11. If the answer to Number 10 is “yes”,
explain the details. ______________
____________________________________________________________
____________________________________________________________
12. If you are presently being treated for a mental illness, do you
feel that you have sufficient mental capacity to understand what you are doing
today, and to understand these questions and answer them correctly?
____________________________________________________________
13. Do you understand that you are here today to enter a plea of
Nolo Contendere to some or all of the charges against you?_________________
14. Do you understand the nature of the
offenses to which you are pleading Nolo Contendere?
____________________________________________
15. Has
your lawyer explained to you the elements of the criminal offenses to which you
are pleading? _______________________________________
16. Do you admit to committing the offenses to which you are
pleading Nolo Contendere and to the legal elements explained to you making up
those offenses? ___________________________________________________
17. Do you understand that you have a right to
a trial by jury? _____________
18. Do you understand that the right to trial by jury means that
you can participate in the selection of a jury with your attorney; that the jury
is randomly selected from the voter registration list of Carbon County and a
cross-section of the citizens of Carbon County, and that the jury has to agree
unanimously on your guilt before you can be convicted of the offenses with
which you are charged? _____________________________
19. Do you understand that you are presumed innocent until found
guilty? In other words, do you understand that the Commonwealth must prove your
guilt beyond a reasonable doubt before you can be convicted of the offenses
charged? _____________________________________________
20. Do you understand that the Commonwealth has the burden of
proving you guilty beyond a reasonable doubt, which means you can remain silent
and nothing can be held against you for refusing to testify in your own
defense? ____________________________________________________
21. Do you understand that you have a right to confront and
cross-examine all Commonwealth witnesses in your case who are necessary to
prove your guilt? ______________________________________________________
22. Do you understand that by pleading Nolo Contendere you are
waiving that right of confrontation and
cross-examination?_______________________
23. Do you realize that by pleading Nolo Contendere you are giving
up your right to present any pre-trial motions for consideration to this or a
higher Court in the event those motions are denied?________________________