Local Rules of Criminal Procedure Index

Rule 102                         Citing The Criminal Procedural Rules

 

Rule 120                         Attorneys – Appearances and Withdrawals

 

                               Entry of Appearance Form

 

Rule 202                         Approval of Search Warrant Application by Attorney for Commonwealth – Local Option

 

Rule 507                         Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the                                 Commonwealth – Local Option  

Rule 528 (D) (3) and (4) Monetary Condition of Release on Bail 

        

Rule 570                         Duties and Powers of a Bail Agency 

 

Rule 571                         Arraignment

 

Rule 590                         Plea and Plea Arraignments

 

                                        Nolo Contendere Colloquy Form

                                  Megan’s Law Supplement to Guilty Plea Colloquy Form

Rule 602                         Presence of the Defendant

 

Rule 700                          Sentencing Judge

         

                                  Consent and Waiver Form

Rule 702                         Aids in Imposing Sentence

                                  Appellate Rights of Defendant After Sentencing Form                                  

                    

 

    

          

                   

                 

 

               

                                  

 

 

 


RULE 102  CITING THE CRIMINAL PROCEDURAL RULES

 

          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. _______.”

 

 

Effective July 1, 2004

 

RULE 120  ATTORNEYS – APPEARANCES AND WITHDRAWALS

 

          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                                               :

 

 

ENTRY OF APPEARANCE

 

TO:   CLERK OF COURTS – CRIMINAL DIVISION

 

KINDLY ENTER MY APPEARANCE IN THE ABOVE CAPTIONED CASE ON BEHALF OF:

 _____________________________________________________________________________

 

 

___________________________________________

                                                   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

 

RULE 507 APPROVAL OF POLICE COMPLAINTS AND ARREST WARRANTAFFIDAVITS BY ATTORNEY FOR THE COMMONWEALTH – LOCAL OPTION

 

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

 

RULE 528 (D) (3) and (4)       MONETARY CONDITION OF RELEASE ON BAIL

 

(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

 

RULE 530 DUTIES AND POWERS OF A BAIL AGENCY

 

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

 

RULE 570  PRETRIAL CONFERENCE

 

(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

RULE 571  ARRAIGNMENT

 

          Arraignments in non-capital cases shall be conducted by the District Attorney.

 

Effective July 1, 2004

 

 

RULE 590      PLEA AND PLEA AGREEMENTS

 

          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

CRIMINAL DIVISION

 

 

COMMONWEALTH OF PENNSYLVANIA                    :

                                                                                  :                                       

-vs.-                                                       :          NO.

________________________________                          :

          Defendant                                                         :         

 

 

GUILTY PLEA COLLOQUY

 

          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:________________                ___________________________________

                                                                                  Defendant

 

 

          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


IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

 

COMMONWEALTH OF PENNSYLVANIA          :

                                                                        :                                       

-vs.-                                             :          NO.

_______________________________                  :

Defendant                                               :

 

 

NOLO CONTENDERE COLLOQUY

 

          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?________________________

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