Rule 3. Advisement

(a) At the juvenile's first appearance after the detention hearing, or at first appearance on summons, the juvenile and parent, guardian, or other legal custodian shall be fully advised by the court, and the court shall make certain that they understand the following:

(1) The nature of the allegations contained in the petition;

(2) The juvenile's continuing right to counsel and if the juvenile, parent, guardian, or other legal custodian is indigent, that the juvenile may be assigned counsel, as provided by law;

(3) The juvenile need make no statement, and that any statement made may be used against the juvenile;

(4) The juvenile's right to a preliminary hearing, as provided by §19-2-705, C.R.S.;

(5) The juvenile's right to a jury trial, as provided by §19-2-107, C.R.S.;

(6) That any plea of guilty by the juvenile must be voluntary and not the result of undue influence or coercion on the part of anyone;

(7) The sentencing alternatives available to the court if the juvenile pleads guilty or is found guilty;

(8) The juvenile's right to bail as limited by §19-2-508, C.R.S., and §19-2-509, C.R.S., and the amount of bail, if any, that has been set by the court;

(9) That the juvenile may be subject to transfer to the criminal division of the district court to be tried as an adult, as provided by §19-2-518, C.R.S.; and

(b) If the juvenile pleads guilty to the allegations in the petition, the court shall not accept the plea without first determining that the juvenile is advised of all the matters set forth in (a) of this Rule and also determines that:

(1) The juvenile understands the nature of the delinquent act alleged, the elements of the offense to which the juvenile is pleading guilty, and the effect of the juvenile's plea;

(2) The plea of guilty is voluntary on the juvenile's part and is not the result of undue influence or coercion on the part of anyone;

(3) The juvenile understands and waives his or her right to trial, including the right to a jury trial, if authorized by statute, on all issues;

(4) The juvenile understands the possible sentencing alternatives available to the court;

(5) The juvenile understands that the court will not be bound by representations made to the juvenile by anyone concerning the sentence to be imposed; and

(6) There is a factual basis for the plea of guilty. If the plea is entered as a result of plea agreement, the court shall satisfy itself that the juvenile understands the basis for the plea agreement, and the juvenile may then waive the establishment of a factual basis for the particular charge to which the juvenile is pleading guilty.

(c) If the juvenile pleads not guilty to the allegations in the petition, the court shall set the matter for an adjudicatory trial.

Committee Notes

Source: Entire chapter repealed and reenacted June 16, 1988, effective January 1, 1989;