Carbon County Criminal
Rules of Court




 

 

 

 

 

 

 

 

Local Rules of Criminal Procedure Index

Updated 08/19/16

 

 

 

Rule 102                                             Citing the Criminal Procedural Rules

 

Rule 106                                             Continuances in Summary and Court Cases

 

                                                            Motion for Continuance

 

                                                            Rule 600 Speedy Trial Waiver

 

Rule 117                                             Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail.

 

Rule 120                                             Attorneys – Appearances and Withdrawals

                                               

                                                Entry of Appearance Form

 

Rule 150                                             Bench Warrants

 

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 530                                             Duties and Powers of a Bail Agency

 

Rule 535D                                          Receipt for Deposit; Return of Deposit

           

Rule 570                                             Pretrial Conference 

 

Rule 570.1                                          Attendance in Court of Incarcerated Individuals

 

Rule 571                                             Arraignment

 

Rule 590                                             Plea and Plea Arraignments

                                                           

                                                            Guilty Plea Colloquy

                                                           

                                                            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 106 - CONTINUANCES IN SUMMARY AND COURT CASES

 

            (a)        All Motions for Continuance shall be filed at least two (2) working days before the scheduled event.  Motions shall be filed pursuant to Pa.R.Crim.P. 575 or can be filed by utilizing the attached form titled Motion for Continuance - Criminal.  All continuances must indicate the case number, defendant's name, type of event being continued, date of the event being continued and number of previous continuances.  A Rule 600 speedy trial waiver must be attached if the defendant consents to this motion for continuance.  The moving party shall secure the signature or indicate the position of the opposing party.

 

            (b)        When a Motion for Continuance is requested because of counsel's attachment in another Court, a copy of the attachment shall accompany the Motion for Continuance.  If the reason for filing a continuance is that the defendant is ill, receiving medical treatment or in rehabilitation, the attorney/pro se party must provide documentation from the treating physician or other qualified person documenting the defendant's illness or treatment, and, in the case of defendant's rehabilitation, a written statement from the facility at which the defendant is receiving treatment, confirming admission and continued care at such facility.

 

            (c)        When a defendant has two or more cases scheduled for the same date and time, only one continuance motion/form listing all the case numbers is required to be filed.  When a continuance is requested for events scheduled for different dates or at different times, a separate continuance motion/form must be filed for each event.

 

            (d)       Upon filing the motion/form in the Clerk of Courts Office, concurrent service of the Motion/Form for Continuance shall be pursuant to Pa.R.Crim.P. 576. 

 

            (e)        Any motion filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not exist previously, the defendant was not aware of the grounds for the motion, or the interests of justice so require.

 

            Failure of any motion/form for continuance to comply with this rule shall be grounds for denying the requested continuance.

 

 

Effective July 1, 2005

Revision effective July 1, 2015

 

CARBON COUNTY COURTS

MOTION FOR CONTINUANCE

CRIMINAL

I.          Motion is hereby made to continue the __ trial ___ hearing ___ argument ___ conference ___ ARD ___ plea ___ sentencing in the following case:

 

COMMONWEALTH OF PENNSYLVANIA                  NO.  ____________________________

                                                                                             DATE SCHEDULED __________________

                                          VS                                                          NO. OF PREVIOUS CONTINUANCES

_____________________________________                   by ___ Commonwealth by ___ Defendant

                                                                                            

 II.   The Motion is made for the following reasons:

        _____ Vacation                           _____ Illness of Atty.                         _____ Negotiating Settlement*

        _____ Illness of Party                 _____ Expert Unavailable                  _____ Record Incomplete*

        _____ Late Sub of Atty.             _____ Party Unavailable*                   _____ Conflict - Atty.

        _____ Atty. Unavailable*           _____ Other____________________________________________

        *Please Explain: _________________________________________________________________

 

III.  Certificate of Service:

        I certify that as the moving party, I am serving a copy of this continuance this _____ day of _________, 20__ to the following:

_____  Clerk of Courts via __________________    _____ Court Administration via ____________

            Carbon County Courthouse                                                    Carbon County Courthouse

            Jim Thorpe PA  18229                                                            Jim Thorpe, PA  18229

            (570) 325-5705 - fax                                                   (570) 325-9449 - fax

_____  District Attorney Office via ____________  _____ Defense Counsel via _______________

            Carbon County Courthouse                                        ______________________________________

            Jim Thorpe, PA  18229                                               ______________________________________

           (570)325-3525 - fax

       

I certify that the foregoing statements made by me are true.  I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

 

____________________________________            _______________      _____________________

Signature of Moving Counsel/Pro se Party     Date                            Representing

 

IV. Defendant __________ consents __________ does not consent to the continuance request.  If consented to, attached hereto and made a part hereof is a duly executed waiver of defendant's right to a speedy trial under Pa.R.Crim.P. No. 600.

 

V.    Motion is (opposed___ /not opposed___) for the following reason: ________________________    

        ______________________________________________________________________________

 

        _______________________________          _________________       ___________________________

        Signature of Other Counsel/Pro se Party        Date                                 Representing

 

 

RULE 600 – SPEEDY TRIAL

WAIVER

 

Initial the applicable answers:

 

1.      Do you understand that Rule 600 of the Pennsylvania Rules of Criminal Procedure (Rule 600) requires that your trial begin no later than 180 and/or 365 days from the date on which the criminal complaint charging you with this/these offense(s) was filed with the District Justice of the Peace?

 

Yes _________        No _________

 

2.      Do you understand that, with certain exceptions set forth later in this form, if your trial does not begin within the mandatory 180 and/or 365 days period, you may petition the Court to dismiss the charge(s) against you with prejudice and obtain a Court Order ending this prosecution against you for all time?

 

Yes _________        No _________

 

3.      Do you understand that any periods of time at any stage of these proceedings in which you or your lawyer were unavailable, and the periods of any continuances in excess of 30 days requested by you or your lawyer at any stage of these proceedings are not counted as part of the time for beginning your trial – that these time periods are excluded from the calculation of the 180 and/or 365 days?

 

Yes _________        No _________

 

4.      Do you understand that Rule 600 allows the Commonwealth of Pennsylvania at any time prior to the expiration of the period for commencement of trial to apply for and receive an extension of the period when, despite due diligence by the Commonwealth, your trial cannot begin within the 180 and/or 365 days or any previously extended time period?

 

Yes _________        No _________

 

5.      Do you understand that by

(requesting)

(agreeing to) this continuance you are giving up any

(not opposing)

right which you might otherwise have under Rule 600 to obtain a dismissal of the charges(s) against you for failure to comply with that Rule; that you will not be able to complain that you were denied a speedy trial because of the time consumed by this continuance; and that your trial will be considered timely even is the 180 and/or 365 days or any extension thereof would otherwise have run out before the end of the last day of the next trial session, so long as your trial begins either on or before the expiration of the actual or extended date set by Rule 600, whichever date is latest?

 

                                          Yes ________­        No _________

 

6.      ________ I have reviewed this “Waiver”, the Continuance Form and my Rights to a Speedy Trial with my attorney.

 

 

________ I do not have an attorney and I do not wish to consult with one concerning this “Waiver”, the Continuance Form or my Rights to a Speedy Trial.

 

 

_____________________________________________________________    ________________________

Signature of Defendant                                                                                Date

 

      I hereby certify that I have reviewed this Waiver, the Continuance Form and the Defendant’s Rights to a Speedy Trial with the Defendant prior to our signing these forms.

 

 

____________________________________________________________      ________________________

Signature of Defendant’s Attorney                                                                           Date          

 

 

 

RULE 117 - COVERAGE:  ISSUING WARRANTS; PRELIMINARY ARRAIGNMENTS AND SUMMARY TRIALS; AND SETTING AND ACCEPTING BAIL.

 

1.                  Each Magisterial District Court Office shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:00 A.M. to 4:30 P.M., prevailing time, which times may be modified with the approval of the President Judge to meet the needs of the public and the Court.

 

2.                  A Magisterial District Judge shall be available on-call at all times of all days without unreasonable delay to provide continuous coverage for the issuance of search warrants and arrest warrants, for the setting and acceptance of bail, and for the issuance of emergency orders under the Protection From Abuse Act, the Act of March 21, 2014, P. L. 365, No. 25 relating to the Protection of Victims of Sexual Violence or Intimidation, and the Older Adult Protective Services Act.  This rule shall be satisfied by number 3 and 4 below.

 

3.                  The President Judge shall establish the schedule of assignment of Magisterial District Judges to on-call duty for availability on a rotating basis pursuant to a semi-annual/annual schedule prepared by the District Court Administrator.  When a Magisterial District Judge who has jurisdiction over a particular matter is unavailable during regular business hours, authority to act is transferred to other Magisterial District Judges in the 56th Judicial District pursuant to the aforesaid assignment to on-call duty stated above. 

 

4.                  Magisterial District Judges during regular business hours, an on-call Magisterial District Judge while on-call, the Clerk of Courts during business hours and the Warden, or in his absence, the Deputy Warden or Sergeant in charge of the Carbon County Correctional Facility, shall be authorized to accept bail in accordance with the provisions, and subject to the limitations of the Pennsylvania Rules of Criminal Procedure.

 

5.                  A Magisterial District Judge assigned to on-call duty shall be available for preliminary arraignments in accordance with the following schedule:

           

A.        For arrests occurring after the close of regular business hours but before 8:00 P.M., and for arrests occurring on weekends or holidays between 8:00 A.M. and 8:00 P.M., the Magisterial District Judge shall respond to the call and conduct a preliminary arraignment utilizing the on-screen video arraignment connection between the police station and the Magisterial District Court prior to detention at the Carbon County Correctional Facility.  Scheduling of the arraignment shall be initiated by the arresting officer contacting the Comm. Center by telephone and requesting an arraignment.  Arraignments shall be scheduled whenever:

 

1.         The defendant is arrested pursuant to a warrant,       and

2.         In those circumstances where an arrest has been made without a warrant and for which the defendant is to be afforded a preliminary arraignment without unnecessary delay, (See Pa.R.Crim.P. 519), after the completion of the criminal complaint.

 

            B.        For arrests occurring after 8:00 P.M. but before 8:00 A.M. on weekends or holidays, and before 8:00 A.M. on weekdays, preliminary arraignments shall be scheduled as follows:

 

                        1.         For arrests pursuant to a warrant and those arrests requiring preliminary arraignment pursuant to Pennsylvania Rule of Criminal Procedure   519, the arresting agency, including the state police, municipal police or sheriff, is authorized to detain the prisoner at the Carbon County Correctional Facility until 8:00 A.M. the following morning.  For Defendants so detained, the on-call Magisterial District Judge shall appear in person or by advanced communication technology at the Carbon County Correctional Facility at 8:00 A.M. to preside at the Preliminary Arraignment.  The on-call Magisterial District Judge shall contact the Carbon County Correctional Facility no later than 7:30 A.M. to determine whether any Defendants are so detained.

 

            2.         Prior to detaining a prisoner at the Carbon County Correctional Facility under this Rule, the arresting agency shall contact the facility to ascertain that adequate detention facilities are available for temporary detention in accordance with this Rule.  If no detention facilities are available at the facility, the arresting agency shall notify the on-call Magisterial District Judge through the Communication Center of that fact and a preliminary arraignment shall be required prior to detention or commitment to Prison.

 

            3.         The arresting agency detaining the Defendant shall provide the Magisterial District Judge with copies of the Criminal Complaint, of the Affidavit of Probable Cause in support thereof, and a copy of the Bail Information Sheet for Overnight Arraignments regarding the defendant’s criminal record and flight risk, and the officer’s bail recommendation, by depositing the same at the Carbon County Correctional Facility and faxing copies to the Magisterial District Court Office.  The arresting agency shall be responsible to deliver or mail within twenty-four (24) hours all original documents to the Magisterial District Court office who issued the warrant or within whose jurisdiction the offense occurred.

 

            4.         The arresting officer(s) need not appear at the Preliminary Arraignment provided the documents identified in paragraph (B) (3) are provided.  In the alternative, the arresting officer may appear at the Preliminary Arraignment in lieu of prior submission of these documents; however, no person shall be detained under this rule without the completion and submission of a completed criminal Complaint and Affidavit of Probable Cause.  A copy shall be delivered to the Carbon County Correctional Facility and a copy faxed to the Magisterial District Court office for the Judge’s use.

 

            5.         The provisions of this Rule allowing for temporary detention of prisoners shall not apply to the performance of any other duties of the on-duty Magisterial District Judge during the hours of 8:00 P.M. to 8:00 A.M.

 

            6.         The Carbon County Correctional Facility shall identify a detention area for prisoners so detained in accordance with the Standard Operating Procedures of the Carbon County Correctional Facility for temporary detention of individuals at the Prison.

 

            7.         The Carbon County Correctional Facility is directed to make available to the on-duty Magisterial District Judge appropriate space or advanced communication technology availability between the hours of 8:00 A.M. and 9:00 A.M. to perform the Preliminary Arraignment at the Prison.

 

            8.         Upon completion of the Preliminary Arraignment, the detention authorized by this Rule shall terminate and the person detained shall be processed in accordance with the Orders of the Magisterial District Judge at the Preliminary Arraignment or, if no Preliminary Arraignment has been done, the person shall be released from detention and the arresting agency shall arrange for the Preliminary Arraignment of the person otherwise in accordance with the Rules of Criminal Procedure.

 

            9.         If the Preliminary Arraignment is conducted by advanced communication technology, upon completion of the Preliminary Arraignment, copies of all commitment orders, bail orders, etc. shall be faxed from the Magisterial District Judge to the Carbon County Correctional Facility and the originals mailed to the Carbon County Correctional Facility on the next regular business day.  If the Preliminary Arraignment is conducted at the Correctional Facility, original documents shall be provided to the Carbon County Correctional Facility at the time of the Preliminary Arraignment.

 

C.        Nothing in this Rule shall alter the requirements of Carbon County Local Criminal Rules of Procedure 202 regarding approval of search warrant application by attorney for the Commonwealth and Rule 507 regarding approval of police complaints and arrest warrant affidavits by the Attorney for the Commonwealth.

 

Effective August 1, 2006

Revision effective April 1, 2016

 

 

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.

 

Effective July 1, 2004

 

 

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 150 - BENCH WARRANTS.

 

1.                  When an individual is committed to the Carbon County Correctional Facility pursuant to a bench warrant, he/she shall be detained pending a bench warrant hearing.  The Warden, or his designee, shall notify the Carbon County District Court Administrator, District Attorney, Public Defender or Private Counsel (if known), Sheriff, and Carbon County Pretrial Services within 12 hours of the fact of such commitment.

 

2.                  Upon receipt of notice, the District Court Administrator shall promptly schedule a bench warrant hearing for bench warrants issued by a Common Pleas Judge.

 

3.                  The Carbon County Correctional Facility shall arrange to have the committed prisoner available for video conference at the appointed hour.

 

4.                  A court reporter shall be assigned to each hearing.

 

If the bench warrant hearing does not occur within 72 hours of commitment or by the close of the next business day if the 72 hours expires on a non-business day, the Carbon County Correctional Facility shall release said individual by operation of law.

 

Effective August 1, 2006

 

 

RULE 202 - APPROVAL OF SEARCH WARRANT APPLICATION BY ATTORNEY FOR COMMONWEALTH – LOCAL OPTION

 

            The District Attorney of Carbon County, having filed on August 29, 2014 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

Revision effective October 15, 2004

 

 

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

 

            The District Attorney of Carbon County, having filed on August 29, 2014 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

Revision effective October 15, 2014

 

 

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 and signed by the District Attorney/Assistant District Attorney, defense counsel, and defendant.  The original stipulation shall be filed in the Clerk of Courts Office and service made pursuant to Pa.R.Crim.P.576.  Continuances shall be completed and signed by the District Attorney/Assistant District Attorney, defense counsel, and defendant and filed in the Clerk of Courts Office within the timeframe set forth pursuant to Carbon County Local Rule CARB.R.Crim.P 106.  Failure of any attorney or self-represented defendant to complete, sign and file the required stipulations at the end of the status conference or failure to file the timely continuance referenced above, absent exigent circumstances, shall result in the case being listed on the next criminal trial list.

Effective July 1, 2004

Revision effective February 15, 2014

 

 

RULE 570.1 - ATTENDANCE IN COURT OF INCARCERATED INDIVIDUALS

 

1.         Attendance Requested - At any proceeding before the Court at which the attendance is requested of an individual who is incarcerated, a writ shall be prepared, filed and presented by the party requesting attendance of said individual at least five (5) working days before the scheduled event. 

 

2.         Attendance Required - With respect to proceedings at which the defendant’s attendance is required, defense counsel shall be responsible for the preparing, filing and presenting of this writ to the Court at least five (5) working days before the scheduled event.  In the case of a pro se defendant, the Commonwealth shall be responsible for the preparing, filing and presenting of the writ required under this rule.

 

3.         Non-Compliance -  Any writ filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not previously exist or the interest of justice so requires.  In the event any such writ required by this rule is not prepared, filed and presented, the Court reserves the right, in its discretion, to impose the appropriate sanctions.  In no event, where the defendant’s attendance is required, shall a proceeding occur without the defendant being present.  In that case defense counsel shall file a continuance, and if pro se, the Commonwealth shall file the continuance.

 

Effective November 1, 2013

 

 

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.

Effective July 1, 2004

 

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?________________________

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 Nolo Contendere 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 Nolo Contendere? ____________________________________________________________                                                                                                                       

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 Nolo Contendere? ____________________________________________

30.       Do you understand that any sentence imposed upon you for any of the offenses to which you are pleading Nolo    Contendere can be imposed consecutively to either (a) any sentence imposed upon you for any other offense for which you are pleading Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere plea and it is accepted by the Court, you still have a right to appeal your conviction. The appeal from a Nolo Contendere plea is limited, however, to four grounds. They are:

(a)        that your Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere

                                                                                                                       

            Do you understand these four areas of appeal and what they mean? _________________

In order to appeal your conviction by a plea of Nolo Contendere, you must within ten (10) days file a written motion to withdraw your Nolo Contendere plea and state any of the four above grounds as the basis for your petition to withdraw your Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere?_________

36.       Are you doing this of your own free will? __________________________

37.       Have any threats been made to you to enter a plea of Nolo Contendere?_________________________________________________

38.       Have any promises been made to you to enter a plea of Nolo Contendere other than any plea agreement that has been negotiated for you by your attorney? ____________________________________________________

39.       Do you understand that the decision to enter a plea of Nolo Contendere is yours and yours alone; that you do not have to enter a plea of Nolo Contendere and give up all your rights, as previously explained to you and that no one can force you to enter a Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere 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 Nolo Contendere? ____________________________________________________________

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 Nolo Contendere 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 Nolo Contendere.

 

            Date:__________________               ___________________________________

                                                                                    Attorney for the Defendant

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA           :        

                                                                                    :

                        -vs.-                                                     :           NO.

                                                                                    :

______________________________                        :

      Defendant

 

MEGAN’S LAW SUPPLEMENT TO

GUILTY PLEA COLLOQUY

 

            One or more of the offenses to which you are pleading guilty will make you subject to the registration and notification provisions of Megan’s Law relating to sexual offenders.

            The purpose of the following questions is to make certain that you understand how these provisions will affect you. Please answer all questions “Yes” or “No.”  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 of your rights.

            After you have read and filled out this form, you should sign it on the last page (on the line marked “Defendant”).  You should also initial each page at the bottom where indicated, but only if you have read and have understood that page.

 

1.         Do you understand that as a result of your conviction you will be required to register with the Pennsylvania State Police and inform them of your current address and any change of address within ten (10) days of such change? ____________________________________________________

2.         Do you understand that failure to register or to update your registration is itself a crime, which may subject you to penalties, including imprisonment?  _______________________________________________

3.         Do you understand that your registration information will be provided by the Pennsylvania State Police to the local police department of any community in which you may live?  ______________________________

4.         Do you understand that the registration requirements will continue for the time period specified:   ___ ten (10) years ___ for the rest of your life? ____________________________________________________________

5.         If this line _____ is checked, do you understand that the District Attorney has the right to request the Court to hold a hearing to determine whether you are a sexually violent predator, and if you are determined to be a sexually violent predator you will be subject to additional registration and notification requirements? These will include:

Notification to your victim of your current address.

Notification to your neighbors of your name and address, the offense of which you were convicted, the fact that you have been determined to be a sexually violent predator, which notification may be accompanied by your photograph.

The foregoing notification will also be sent to the local children and youth services agency, superintendent of schools, daycare centers, and colleges and universities; it is also available to any member of the public upon request.

Do you understand all of the above information relating to registration and notification requirements of persons determined to be sexually violent predators? ____________________________________________________________

6.         Do you understand that if you are determined to be a sexually violent predator, you will be required to attend and pay for monthly counseling sessions for the period you are required to register? ____________________________________________________________

 

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

 

Effective July 1, 2004

 

 

RULE 602 - PRESENCE OF THE DEFENDANT

 

            In any criminal proceeding in which a court appearance by an adult prisoner will be required, the attorney for the prisoner or the party requesting the presence of the prisoner shall prepare a transport order and forward it to the judge assigned to the case.  Absent genuine exigency or most unusual circumstances, a request for transport of prisoner shall be made to the Court not less than three (3) days before such appearance.  The transport order shall be filed and served pursuant to Pa.R.Crim.P.114.

 

            All motions for deaf and/or language interpreters shall be in conformance with Pa.R.Crim.P.575 and 576.

 

Effective July 1, 2004

 

 

RULE 700 - SENTENCING JUDGE

 

            The sentence following a plea of guilty or nolo contendere may be imposed by a judge other than the judge who received such plea whenever such substitution shall enhance the efficient disposition of cases.  The defendant shall be given due notice at the time of entering the plea by signing the consent and waiver form as attached hereto.

 

Effective July 1, 2004

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA           :

                                                                                    :

                        -vs.-                                                     :          NO.                                                                                                                                        

_____________________________                          :

                   Defendant                                                :

 

CONSENT AND WAIVER

 

            AND NOW, this _______ of _________________________, 20___, the above named Defendant does HEREBY acknowledge, agree and consent to the entry of a Guilty Plea before the Honorable _________________________, with the full and complete understanding that sentencing in the above captioned matter may be held at a later date and imposed by the Honorable  ______________________, or any other judge assigned by the Court.

 

                                                                                                                        __________________________________

                                                                                                            Defendant

 

                                                                                                            __________________________________

                                                                                                            Attorney for the Defendant

Effective July 1, 2004

 

 

RULE 702 - AIDS IN IMPOSING SENTENCE

 

(A) Before the sentencing hearing, defendant and his/her counsel, or if unrepresented, the defendant shall execute a form entitled “Appellate Rights of Defendant after Sentencing”, which is attached hereto.  Defendant’s counsel shall review and explain said form to the Defendant.  The defendant and defendant’s counsel shall sign this form.  Defendant counsel’s signature thereon shall constitute a certification by the attorney that he/she has read, discussed, and explained the form to the defendant, and that to the best of his/her knowledge, information, or belief that his/her client understands the form.

 

(B) On behalf of the Court, the Chief Adult Probation Officer shall submit a copy of the Guideline Sentencing Form to the Pennsylvania Commission on Sentencing as required by 204 Pa. Code § 303.1 (d).

Effective July 1, 2004

 

 

TO THE DEFENDANT:

PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER.  IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING SENTENCING.  IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO EXPLAIN IT TO YOU.  DO NOT SIGN THIS DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

COMMONWEALTH OF PENNSYLVANIA           :

                                                                                    :

                                    -vs.                                          :           NO.

                                                                                    :

_________________________________                  :

                     DEFENDANT

 
 
APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING
 
1. After you are sentenced, you have the right to file either a post-sentence motion or an appeal to the Superior Court of Pennsylvania.

 

2. If you wish to file a post-sentence motion, it must be filed with the Criminal Clerk of Courts of Carbon County no later than ten (10) days after the imposition of sentence.

 

3. If you wish to file an appeal, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within thirty (30) days of imposition of sentence.  This is a right of appeal, which you may exercise without filing a post-sentence motion.  If you file a post-sentence motion, you would also have a right to appeal from an order deciding that motion or denying the motion by operation of law.

 

4. If you file a post-sentence motion, all requests for relief must be stated with specificity and particularity, and consolidated in the motion, which may include:

 

                        a. a motion challenging the validity of a plea of guilty or nolo contendere, or the denial of a motion to withdraw a plea of guilty or nolo contendere;

 

                        b. a motion of judgment of acquittal;

 

                        c. a motion in arrest of judgment;

 

                        d. a motion for a new trial; and/or

 

                        e. a motion to modify sentence.

 

5. If you file a post-sentence motion, it and any supplemental motion you may be permitted to file, must be decided by the judge within 120 days of the filing of the original motion.  The judge may, at your request, grant one 30-day extension for deciding the motion, if good cause is shown.  If the judge fails to decide the motion within the allowed time, the motion will be denied by operation of law, and the clerk will enter an order denying the motion.

 

6. If you file a post-sentence motion, and wish to appeal from the order deciding or denying the motion, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within thirty (30) days of that order.

 

7. Whether or not you file a post-sentence motion, all issues raised before or during trial are preserved for appeal.

 

8. You have the right to assistance of counsel in the preparation of a post-sentence motion or any appeal.  If you are indigent, you have the right to proceed without payment of costs and with counsel appointed to represent you without charge.  If you are now represented by the Public Defender’s Office and continue to qualify for their services, that office would continue to represent you without cost.

 

9. If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a post-sentence motion and perfect an appeal, or, when no post-sentence motion is filed, perfect an appeal with the time permitted by law.

 

 

            I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.

 

Date:   _________________              ________________________________  

Signature of Defendant

 

I, _______________________________________, Esquire, Attorney for ___________________________________, state that I have advised my client of the meaning of this document and of his/her post-sentence and appeal rights as required by Pa.R.Crim.P.704; that it is my belief that the defendant comprehends and understand those rights and what is set forth herein, and that Defendant has received a copy of this form.

 

Date:___________________      ________________________________ 

                                                            Attorney for the Defendant

 

Effective July 1, 2004

 





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