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 576.1 – ELECTRONIC FILING AND SERVICE OF LEGAL PAPERS-LOCAL RULE
(A) General Scope and Purpose of the Rule
Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Carbon County, the 56th Judicial District, as of July 15th, 2019. The Administrative Office of Pennsylvania Courts and the judicial district of Carbon County have agreed upon an implementation plan for PACFile in Carbon County.
(B) PACFile
(1) The exclusive system for electronic filing is the PACFile System, developed and administered by the Administrative Office of the Pennsylvania Courts and located on Pennsylvania’s Unified Judicial System Web Portal at https://ujsportal.pacourts.us/PACFile.aspx.
(2) Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.
(3) At this time, electronic filing through the PACFile System is voluntary. Any party who declines to participate in the PACFile electronic filing system, or who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format (‘hard-copy’) and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
(C) Legal Papers
(1) “Legal papers” are pleadings or other submissions to the court, including motions, answers, notices, or other documents, of which filing is required or permitted, including orders, exhibits and attachments, but excluding:
(a) applications for search warrants;
(b) applications for arrest warrants;
(c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment;
(d) submissions filed ex parte as authorized by law; and
(e) submissions filed or authorized to be filed under seal.
(2) The applicable rules of criminal procedure, general rules of court, and court policies that implement the rules shall continue to apply to all filings of legal papers regardless of the method of filing.
(3) Any legal paper submitted for filing to the Clerk of Courts in a physical paper (or ‘hard-copy’) format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by applicable rules of court and record retention policies. The Clerk of Courts shall convert such hard-copy legal paper to .pdf and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.P. 576.1(C) and this rule.
(D) Filing Fees
Applicable filing fees shall be paid through procedures established by the Clerk of Courts and at the same time and in the same amount as required by statute, Court rule or order, or published fee schedule.
(E) Record on Appeal
Electronically filed legal papers, and copies of legal papers filed in a paper format as provided in subsection (C)(3), shall become the record on appeal.
(F) Confidential Information
Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in a paper format.
Effective July 15, 2019
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
