Guilty Plea Advisory

Defendant’s Name: _______________________________________

Date:_______________________   	Case Number:_______________	

Nature of Charge(s): 			Minimum & Maximum Possible Penalty:
___________________________	________________________________
___________________________	________________________________
___________________________	________________________________
___________________________	________________________________
Statement of Rights & Explanation of Waivers By Plea of Guilty 
(please initial each response)

1.	You have the right to remain silent.  You do not have to say anything about the crime(s) you are accused of committing.  If you elected to have a trial, the state could not call you as a witness or ask you any questions.  However, anything you do say can be used as evidence against you in court.  

I understand that by pleading guilty I am waiving my right to remain silent before and during trial. _________.

2.	The waiver of your right to remain silent only applies to your plea of guilty to the crime(s) in this case.  Even after pleading guilty, you will still have the right to refuse to answer any question or to provide any information that might tend to show you committed some other crime(s).  You can also refuse to answer or provide any information that might tend to increase the punishment for the crime(s) to which you are pleading guilty.

I understand that by pleading guilty to the crime(s) in this case, I still have the right to remain silent with respect to any other crime(s) and with respect to answering questions or providing information that may increase my sentence._________.

3.	You have the right to be represented by an attorney.  If you want an attorney and cannot pay for one, you can ask the judge for an attorney who will be paid by the county. 
 
4.	You are presumed to be innocent.  You would be found guilty if: 1) you plead guilty in front of the judge, or 2) you are found guilty at a jury trial.   

I understand that by pleading guilty I am waiving my right to be presumed innocent. _________.

5.	You have the right to a speedy and public jury trial.  A jury trial is a court hearing to determine whether you are guilty or not guilty of the charge(s) brought against you.   In a jury trial, you have the right to present evidence in your defense and to testify in your own defense.  The state must convince each and every one of the jurors of your guilt beyond a reasonable doubt. 

I understand that by pleading guilty I am waiving my right to a speedy and public jury trial. _________. 

6.	You have the right to confront the witnesses against you.  This occurs during a jury trial where the state must prove its case by calling witnesses to testify under oath in front of you, the jury, and your attorney.  Your attorney could then cross-examine (question) each witness.  You could also call your own witnesses of your choosing to testify concerning your guilt or innocence.  If you do not have the funds to bring those witnesses to court, the state will pay the cost of bringing your witnesses to court.

I understand that by pleading guilty I am waiving my right to confront the witnesses against me, an present witnesses and evidence in my defense. _________. 

Questions Regarding Plea

(Please answer every question.  If you do not understand a question consult your attorney before answering.)
Please Circle One

1.	Do you read and write the English language?                     	YES     NO
If not, have you been provided with an interpreter to 
help you fill out this form?                                                    	YES     NO

2.	What is your age? ________.

3.	What is your true and legal name? 

_________________________________.

4.	What was the highest grade you completed? _________.                              

If you did not complete high school, have you received 
either a general education diploma or high school 
equivalency diploma? 						YES     NO

5.	Are you currently under the care of a mental health 
professional?								YES     NO

6.	Have you ever been diagnosed with a mental health 
disorder?   								YES     NO

If so, what was the diagnosis and when was it made?  

_____________________________________________
7.	Are you currently prescribed any medication?   			YES     NO	

If so, have you taken your prescription medication 
during the past 24 hours? 						YES     NO

8.	In the last 24 hours, have you taken any medications or 
drugs, or drank any alcoholic beverages which you 
believe affect your ability to make a reasoned and 
informed decision in this case? 					YES     NO

9.	Is there any other reason that you would be unable to 
make a reasoned and informed decision in this case?		YES     NO

10.	Is your guilty plea the result of a plea agreement?   		YES     NO

If so, what are the terms of that plea agreement? 
(If available, a written plea agreement should be 
attached hereto as “Addendum ‘A’”)
____________________________________________ ____________________________________________  
____________________________________________ ____________________________________________  
11.	There are two types of plea agreements. Please initial 
the one paragraph below which describes the type 
of plea you are entering:

a.	I understand that my plea agreement is a binding plea agreement.  This means that if the district court does not impose the specific sentence as recommended by both parties, I will be allowed to withdraw my plea of guilty and proceed to a jury trial. ________.

b.	I understand that my plea agreement is a non-binding plea agreement.  This means that the court is not bound by the agreement or any sentencing recommendations, and may impose any sentence authorized by law, including the maximum sentence stated above. Because the court is not bound by the agreement, if the district court chooses not to follow the agreement, I will not have the right to withdraw my guilty plea. _________.

12.	As a term of your plea agreement, are you pleading 
guilty to more than one crime?					YES     NO

If so, do you understand that your sentences for each 
crime could be ordered to be served either concurrently 
(at the same time) or consecutively (one after the other)? 	YES     NO

13.	Is this a conditional guilty plea in which you are 
reserving your right to appeal any pre-trial issues? 		YES     NO

If so, what issue are you reserving the right to appeal? 
____________________________________________

____________________________________________

14.	Have you waived your right to appeal your judgment 
of conviction and sentence as part of your plea 
agreement?								YES     NO

15.	Have any other promises been made to you which have
influenced your decision to plead guilty? 			YES     NO

If so, what are those promises? 
____________________________________________ ____________________________________________ ____________________________________________ 
16.	Do you feel you have had sufficient time to discuss 
your case with your attorney? 					YES     NO

17.	Have you told your attorney everything you know about 
the crime? 								YES     NO

18.	Is there anything you have requested your attorney 
to do that has not been done? 					YES     NO

If yes, please explain. __________________________ 
____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________
19.	Your attorney can get various items from the 
prosecutor relating to your case.  This may include 
police reports, witness statements, tape recordings, 
photographs, reports of scientific testing, etc. This is 
called discovery. Have you reviewed the evidence 
provided to your attorney during discovery?  			YES     NO

20.	Have you told your attorney about any witnesses who 
would show your innocence?					YES     NO

21.	Do you understand that by pleading guilty you will waive 
any defenses, both factual and legal, that you believe 
you may have in this case?					YES     NO   

22.	Are there any motions or other requests for relief that 
you believe should still be filed in this case?			YES     NO

If so, what motions or requests? __________________ 
____________________________________________ ____________________________________________ 
23.	Do you understand that if you enter an unconditional 
guilty plea in this case you will not be able to challenge 
any rulings that came before the guilty plea including: 
1) any searches or seizures that occurred in your case, 
2) any issues concerning the method or manner of your 
arrest, and 3) any issues about any statements you may 
have made to law enforcement? 					YES     NO
24.	Do you understand that when you plead guilty, you are 
admitting the truth of each and every allegation contained 
in the charge(s) to which you plead guilty? 			YES     NO

25.	Are you currently on probation or parole?   			YES     NO

If so, do you understand that a plea of guilty in this case
could be the basis of a violation of that probation or parole?	YES     NO 

26.	Are you aware that if you are not a citizen of the United 
States, the entry of a plea or making of factual admissions 
could have consequences of deportation or removal, 
inability to obtain legal status in the United States, or 
denial of an application for United States citizenship?		YES     NO

27.	Do you know whether the crime to which you will plead
guilty would require you to register as a sex offender?  	YES     NO
(I.C. § 18-8304)

28.	Are you aware that if you plead guilty you may be 
required to pay restitution to the victims in this case?  		YES     NO
(I.C. §19-5304)

29.	Have you agreed to pay restitution to any other party as 
a condition of your plea agreement?				YES     NO

If so, to whom? _______________________________ 

____________________________________________ 
30.	Is there a mandatory driver’s license suspension as a 
result of a guilty plea in this case? 				YES     NO

If so, for how long must your license be suspended? _____.
	
31.	Are you pleading guilty to a crime for which a mandatory 
domestic violence, substance abuse, or psychosexual 
evaluation is required? (I.C. §§ 18-918(7)(a),-8005(9),-8317)	YES     NO

32.	Are you pleading guilty to a crime for which you may be 
required to pay the costs of prosecution and 
investigation?  (I.C. § 37-2732A(K))				YES     NO

33.	Are you pleading guilty to a crime for which you will be 
required to submit a DNA sample to the state?  		YES     NO
(I.C. § 19-5506)

34.	Are you pleading guilty to a crime for which the court could 
impose a fine for a crime of violence of up to $5,000, 
payable to the victim of the crime?  (I.C. § 19-5307)		YES     NO

35.	Do you understand that if you plead guilty to a felony, 
during the period of your sentence, you will lose your 
right to vote in Idaho?  (Id. Const. art. 6, § 3)			YES     NO

36.	Do you understand that if you plead guilty to a felony, 
during the period of your sentence, you will lose your right 
to hold public office in Idaho?  (Id. Const. art. 6, § 3)		YES     NO

37.	Do you understand that if you plead guilty to a felony, 
during the period of your sentence, you will lose your right 
to perform jury service in Idaho?  (Id. Const. art. 6, § 3)	YES     NO

38.	Do you understand that if you plead guilty to a felony 
you will lose your right to purchase, possess, or carry 
firearms?  (I.C. § 18-310)						YES     NO

39.	Do you understand that no one, including your attorney, 
can force you to plead guilty in this case?  			YES     NO
 
40.	Are you entering your plea freely and voluntarily? 		YES     NO

41.	Are you pleading guilty because you did commit the acts 
alleged in the information or indictment?				YES     NO

42.	If you were provided with an interpreter to help you fill out 
this form, have you had any trouble understanding your 
interpreter? 								YES     NO 

43.	Have you had any trouble answering any of the questions 
in this form which you could not resolve by discussing the 
issue with your attorney? 						YES     NO

I have answered the questions on pages 1-7 of this Guilty Plea Advisory form truthfully, understand all of the questions and answers herein, have discussed each question and answer with my attorney, and have completed this form freely and voluntarily.  Furthermore, no one has threatened me to do so.

Dated this ______ day of _____________, 20__. 

_________________________________
Defendant

I hereby acknowledge that I have discussed, in detail, the foregoing questions and answers with my client.

_________________________________
Defendant’s Attorney