Part 3A · Part Three A — Criminal Practice

Rule 3A:25. Special Rule Applicable to Post-Conviction Proceedings: Inmate Filings in the Trial Courts Under Code § 8.01-654

Amended July 1, 2025 (current)

In actions brought under Code § 8.01-654 , filed by an inmate confined to an institution, a paper is timely filed if deposited in the institution's internal mail system on or before the last day for filing. Timely filing of a paper by an inmate confined to an institution may be established by (1) an official stamp of the institution showing that the paper was deposited in the internal mail system on or before the last day for filing, (2) an official postmark dated on or before the last day for filing, or (3) a notarized statement signed by an official of the institution showing that the paper was deposited in the internal mail system on or before the last day for filing.

Committee Notes

Last amended by Order dated July 2, 2019; effective September 1, 2019. APPENDIX Form 1. Criminal Complaint (Rule 3A:3). DC-311, C RIMINAL C OMPLAINT , is one of the court forms created for use in criminal proceedings in Virginia courts. This form and others similarly used can be found online at http://www.vacourts.gov/courtadmin/aoc/legalresearch/resources/manuals/dcforms/dc300scrimin al.pdf . APPENDIX Form 2. Statement of Witness for Arrest Warrant (Rule 3A:3).

A complainant's sworn statement of facts is captured on DC-311, C RIMINAL C OMPLAINT . This form and others used in criminal proceedings in Virginia courts can be found online at http://www.vacourts.gov/courtadmin/aoc/legalresearch/resources/manuals/dcforms/dc300 scriminal.pdf . APPENDIX Form 3. Summons (Rule 3A:4(b)). DC-319, S UMMONS , is one of the court forms created for use in criminal proceedings in Virginia courts. This form and others similarly used can be found online at http://www.vacourts.gov/courtadmin/aoc/legalresearch/resources/manuals/dcforms/dc300scrimin al.pdf . CC-1302, S UMMONS , the summons often used by the circuit courts, can be found online at http://www.vacourts.gov/forms/circuit/cc1302inst.pdf . APPENDIX Form 4. Indictments (Rule 3A:6). Murder COMMONWEALTH OF VIRGINIA .................... Court ...................., 20 ..... The Grand Jury charges that: On or about ..............., 20 .... in the (County) (City) of ............ the accused .........................................................…………………………. (Name of accused) feloniously did kill and murder ...................................…………………… * (Name of victim) Va. Code §§ 18.2-31 , 18.2-32 , 19.2-221.

A True Bill. ......................……………… (Foreman) * Language charging other offenses follows. Attempted Grand Larceny On or about ..............., 20 ..... in the (County) (City) of ..........…………………………. the accused ..........................................................………………………………………... (Name of accused) feloniously attempted to steal property, namely ......................………………………… (Describe property) having a value of ($5 or more from the person of ....................…………………………..) (Name of victim) ($200 or more belonging to ....................………………………) (Name of victim) (firearm of any value) belonging to .................................…………… (Name of victim) Va. Code §§ 18.2-95 and 18.2-26 . Burglary (Common Law) On or about ..............., 20 ..... in the (County) (City) of ..........………………………… the accused .........................................................………………………………………... (Name of accused) feloniously did break and enter in the nighttime the dwelling house of ...............................................…………………………………….. (Name of victim) with intent to commit a (felony) (larceny) therein. Va. Code § 18.2-89 . Statutory (Burglary, Murder, Rape, Robbery, Arson) (Va. Code § 18.2-90 ) On or about ..............., 20 ..... in the (County) (City) of...................................................... the accused ........................................................………………………………………… (Name of accused) feloniously did (enter in the nighttime) (break and enter in the daytime) (enter and conceal himself in the daytime) .....................................................……….. , with intent to (Place described in Va. Code § 18.2-90 ) commit (murder)(rape)(robbery)(arson). Va. Code § 18.2-90 . Statutory Burglary, Va. Code § 18.2-91 On or about ..............., 20 ..... in the (County) (City) of...................................................... the accused .........................................................………………………………………….. (Name of accused) feloniously did (enter in the nighttime) (break and enter in the daytime) (enter and conceal himself in the daytime) .....................................................……….. , with intent to (Place described in Va. Code § 18.2-90 ) commit (larceny) ( ...) (Describe felony other than murder, rape, robbery or arson) (assault and battery). Va. Code § 18.2-91 . Driving While Intoxicated On or about ..............., 20 ..... in the (County) (City) of...................................................... the accused ...........................................................………………………………………… (Name of accused) (feloniously and) unlawfully did operate a motor vehicle while under the influence of alcohol, narcotic drug, or other self-administered intoxicant or drug of whatever nature. Va. Code § 18.2-266 . Forgery - Check On or about ..............., 20 ..... in the (County) (City) of...................................................... the accused ............................................................………………………………………... (Name of accused) feloniously forged with the intent to defraud a check of the following words and figures: ............... ............ , 20 ..... (Bank) (Date) Pay to the order of .................. $ ................. Dollars (Endorsed ..........……………………………………) Va. Code § 18.2-172 . Malicious or Unlawful Wounding On or about ..............., 20 ..... in the (County) (City) of ..........…………………………... the accused .............................................................……………………………………….. (Name of accused) feloniously (maliciously) (unlawfully but not maliously) caused bodily injury to .......................................................................………………………………………….. (Name of victim) with intent to maim, disfigure, disable or kill. Va. Code § 18.2-51 . Rape On or about ..............., 20 ..... in the (County) (City) of...................................................... the accused .............................................................……………………………………….. (Name of accused) feloniously did rape ....................................................…………………………………….. (Name of victim) Va. Code § 18.2-61 . Rape (Statutory, of Female of Age 13 or 14) On or about ..............., 20 ..... in the (County) (City) of ..........………………………… the accused .............................................................……………………………………… (Name of accused) feloniously had (sexual intercourse with) (carnal knowledge of) ...........................................................................………………………………………… (Name of victim) age ..................……………………. (Age of victim at time of offense) Va. Code § 18.2-63 . Robbery On or about ..............., 20 ..... in the (County) (City) of...................................................... the accused ..............................................................………………………………………. (Name of accused) feloniously did rob ......................................................……………………………………. (Name of victim) of ........................................................................………………………………………….. (Describe property) Va. Code § 18.2-58. Uttering - Check On or about ..........., 20 ..... in the (County) (City) of ..........…………………………… the accused ............................................................………………………………………. (Name of accused) feloniously uttered with the intent to defraud a forged check of the following words and figures: ............... ............ , 20 ..... (Bank) (Date) Pay to the order of .................. $ ................. Dollars (Endorsed ............ …………………………) Va. Code § 18.2-172 . APPENDIX Form 5. Capias (Rule 3A:7). DC-361, C APIAS , is one of the court forms created for use in criminal proceedings in Virginia courts. This form and others similarly used can be found online at http://www.vacourts.gov/courtadmin/aoc/legalresearch/resources/manuals/dcforms/dc300 scriminal.pdf . CC-1301, C APIAS , often used by the circuit courts, can be found online at http://www.vacourts.gov/forms/circuit/cc1301inst.pdf . APPENDIX Form 6. Waiver of Rights Form (Rule 3A:8) VIRGINIA: IN THE CIRCUIT COURT FOR THE COMMONWEALTH OF VIRGINIA v. Case No.: _____________________________________ WAIVER OF RIGHTS FORM (Rule 3A:8) Answer "Yes" or "No" or "N/A" where indicated 1. What is your full name? 2. What is your date of birth? 3. How much education do you have? 4. Can you read and write the English language? If not, is this form being read to you and by whom? 5. Have you consumed any alcohol, drugs or medication that might affect your ability to understand these proceedings or answer these questions truthfully? 6. Are you the person named in the indictment, information or warrant with the commission of the offense(s) of _____________________________________ ? 7. Has your attorney reviewed with you the nature of the charge(s) pending against you? 8. Do you fully understand those charges(s), as explained to you by your attorney? 9. Did you have sufficient time to discuss with your attorney the facts of the case and the legal elements of the charge(s)? 10. Do you understand what facts the Commonwealth would be required to prove beyond a reasonable doubt in open court before this court could find you guilty of the charge(s)? 11. Have you had sufficient time to discuss with your attorney any defenses that you might have to the charge(s)? 12. Have you discussed with your attorney your right to plead guilty, no contest or not guilty? 13. Has anyone intimidated you, forced you, offered you leniency (beyond what may be contained in your plea agreement, if applicable) or in any way influenced you to plead guilty/no contest? 14. Has your attorney made any promises to you with respect to your plea(s)? 15. Did you decide for yourself that you would offer a plea of guilty/no contest to the charge(s)? 16. Are you pleading guilty/no contest because you are in fact guilty of the offense(s) for which you are charged? Or, are you pleading guilty/no contest because after discussing this matter with your attorney you believe it will be in your best interests to do so? ______ 17. Is your plea of guilty/no contest made freely, voluntarily, and without force, intimidation or promises? _______________________ 18. Do you understand that by pleading guilty/no contest you give up basic rights that are guaranteed to you by the Constitution of the United States and the Constitution of Virginia? 19. Do you understand that by pleading guilty/no contest you give up the following rights: (a) To have your case tried by a jury? (b) Not to incriminate yourself (by waiving this right, you can be forced to make statements against your interest)? (c) To confront and cross-examine each witness who may be called by the Commonwealth to offer testimony against you? ___ (d) To present a defense in your own behalf? 20. Do you fully understand that by pleading guilty/no contest you may waive any grounds you have to appeal your case? 21. Are you currently in prison, on parole or probation or under a suspended sentence? 22. Do you understand that pleading guilty/no contest may affect your right to parole, or cause revocation of your parole, probation or suspended sentence? 23. Does that affect your decision to plead guilty/no contest? 24. Has anyone associated with your arrest or prosecution, such as the police, Commonwealth's Attorney or any other person forced, threatened or coerced you to plead guilty/no contest? ______________ 25. Outside of the terms and conditions as set forth in any Plea Agreement that you have entered into with the Commonwealth, has any person made any other promises to you in writing or orally to induce you to plead guilty/no contest? ___________ 26. Have you entered into a Plea Agreement with the Commonwealth in this case? 27. Did you read this Plea Agreement that you have offered to the Court in this case? 28. Do you fully understand the content and meaning of the Plea Agreement? 29. Did you sign this Plea Agreement in the presence of your attorney? 30. Do the terms of this Plea Agreement contain the full and complete agreement entered into among you, your lawyer and the Commonwealth? 31. Are there any other written or oral agreements that are not reflected in this Plea Agreement? 32. Do you understand that, if the Court accepts the Plea Agreement, everyone who has signed the document will be bound by its content? 33. Do you believe it is in your best interest and to your benefit to offer the Plea Agreement to the Court? 34. To be asked if the Commonwealth has agreed that a specific sentence is appropriate: (a) Do you understand that the Court may accept, reject or defer accepting or rejecting the Plea Agreement until there has been an opportunity to consider a presentence report? _____ (b) Do you understand that, if the Court rejects the Plea Agreement, you would be permitted to withdraw your plea of guilty/no contest and have your case heard by a jury or another Judge? ______________________ (c) Do you understand that if the Court rejects the Plea Agreement and you persist in your plea of guilty/no contest, the Court would not be bound to honor any of the terms or conditions set forth in the Plea Agreement? _____________________ 35. To be asked if the Commonwealth merely recommends, or agrees not to oppose a request for, a specific sentence: (a) Do you understand that this agreement only provides for the Commonwealth to make a recommendation or to agree not to oppose a request for a particular sentence, that this recommendation or request is not binding on the Court, and if the Court does not accept the recommendation or does not go along with the request, you have no right to withdraw your plea of guilty/no contest unless the Commonwealth fails to perform its part of the agreement? (b) Do you also understand that the sentence the Court imposes may be more severe than the sentence recommended or requested? ___________ 36. Do you understand that the maximum punishment for the crime(s) to which you are pleading guilty/no contest is years imprisonment and $ _ in fines, plus all court costs? ________ 37. If you are pleading guilty/no contest to more than one charge, do you understand that you may be sentenced consecutively and the maximum punishment for these crimes is years imprisonment and a fine of $_________ plus court costs? ________ 38. Does this crime(s) have a mandatory punishment? _________ 39. If so, do you understand that the Court cannot suspend any portion of the mandatory sentence of years? ___ 40. Are you aware there is no parole in Virginia? 41. Have you discussed the sentencing guidelines with your attorney, and do you understand that the Court is not required to follow those guidelines? ___ 42. Do you understand that if you are not a citizen of the United States and if you plead guilty/no contest or are found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States? ______________ 43. Are you totally satisfied with the services of your attorney? 44. Did you review all of the questions on this form with your attorney? _________ 45. Did you understand all of the questions on this form and any questions that may have been asked of you, and all of the answers that you gave? ______ 46. Have your answers been truthful? 47. Do you have any questions to ask the Court? 48. If so, please write your questions below: ______________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATE: _______________________ _____________________________ Defendant _____________________________ Attorney for Defendant A Copy, Teste: Clerk Last amended by Order dated March 1, 2017; effective May 1, 2017. APPENDIX Form 7. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Not Guilty (Rule 3A:8). Before accepting your plea of not guilty, I will ask you certain questions. If you do not understand any question, please ask me to explain it to you. 1. What is your full name and what is your age? ______________________________ 2. Are you the person charged in the (indictment) (information) (warrant) with the commission of the offense(s)? ________________________________________ 3. Do you fully understand the charge(s) against you? ________________________ 4. Have you discussed the charge(s) with your lawyer? ________________________ 5. Have you had enough time to discuss with your lawyer any possible defense you may have to (this) (these) charge(s)? ____________________________________ 6. Have you given your lawyer the names of witnesses, and if so, are they present? ________________________________________________________________ 7. Are you entirely satisfied with the services of your lawyer? ______________ 8. Are you entering this plea of not guilty freely and voluntarily? __________ 9. Are you ready for trial today? ____________________________________________ 10. Do you understand that you are entitled to a trial by jury, but that you can consent to trial by the judge without a jury? _____________________________ Have you discussed with your lawyer the advisability of trial by a jury or by the judge without a jury? __________________________________________________ Do you wish to be tried by a jury or by the judge without a jury? _____________ 11. Do you understand all of the questions I have asked you? _________________ These questions were asked of the defendant in open court in the absence of a jury on ____, 20 ____________________________________________ Signature of defendant ____________________________________________ Signature of attorney representing defendant APPENDIX Form 8. Subpoena (Rule 3A:12(a)). .....................…………………………. Court ................…………………………………………………………………………………. (Address of court) TO: .................……………………………………………. or any other authorized officer (Designation of officer) You are commanded to summon .................…………………………………………… (Name and address) TO the person summoned: You are commanded to appear in this Court on ............., 20....at .........a.m., to testify in the case of Commonwealth v. .................………………………………….. This subpoena is issued on application of the (Commonwealth) (City) (County) (Town) (Defendant) (Juvenile) in the case of the Commonwealth v. .................…………………. ............. .................……………………………………………………….. (Date) (Judge) (Clerk) (Commonwealth's Attorney) APPENDIX Form 9. Subpoena Duces Tecum (Rule 3A:12(b)). DC-336, S UBPOENA D UCES T ECUM , is one of the court forms created for use in criminal proceedings in Virginia courts. This form and others similarly used can be found online at http://www.vacourts.gov/courtadmin/aoc/legalresearch/resources/manuals/dcforms/dc300 scriminal.pdf . CC-1337, S UBPOENA D UCES T ECUM , often used by the circuit courts, can be found online at http://www.vacourts.gov/forms/circuit/cc1337inst.pdf . APPENDIX Form 10. Contents of Sentencing Orders. (Pursuant to the provisions of Code § 19.2-307, all orders wherein an accused is sentenced for a criminal conviction should conform substantially to the following form. In cases where no prior criminal conviction order has been entered of record, state the defendant's plea, the verdict or findings, the adjudication, whether or not the case was tried by a jury, and, if not, whether the consent of the accused was concurred in by the court and the attorney for the Commonwealth.) SENTENCING ORDER VIRGINIA: IN THE CIRCUIT COURT OF FEDERAL INFORMATION PROCESSING STANDARDS CODE: Hearing Date: Judge: COMMONWEALTH OF VIRGINIA v. .................................................................................................... , Defendant This case came before the Court for sentencing of the defendant, who appeared in person with his attorney, ..................................................................................................................................................................... . The Commonwealth was represented by ........................................................................................................................... . On ............................................. the defendant was found guilty of the following offenses: Offense Tracking Number Virginia Crime Code (For Administrative Use Only) Code Section Case Number Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: Offense Date: Description: [ ] The presentence report was considered and is ordered filed as a part of the record in this case in accordance with the provisions of Virginia Code § 19.2-299. [ ] No presentence report was ordered. Pursuant to the provisions of Virginia Code § 19.2-298.01, the Court has considered and reviewed the applicable discretionary sentencing guidelines and the guidelines worksheets. The sentencing guidelines worksheets and the written explanation of any departure from the guidelines are ordered filed as a part of the record in this case. Before pronouncing the sentence, the Court inquired if the defendant desired to make a statement and if the defendant desired to advance any reason why judgment should not be pronounced. Page 1 of 4 FORM CC-1393 MASTER 7/21 COMMONWEALTH OF VIRGINIA v. .................................................................................................... , Defendant The court SENTENCES the defendant to: Case No. ................................................ Description ....................................................................................................... [ ] Incarceration with the Virginia Department of Corrections for the term of: ......... years ........... months ........... days [ ] FINE. The defendant is ordered to pay fine(s) in the amount of $ .......................... . [ ] COSTS. The defendant is ordered to pay all costs of this case. [ ] RESTITUTION. The defendant is ordered to make restitution as set forth in the O RDER FOR R ESTITUTION . [ ] DRIVER'S LICENSE SUSPENSION: The defendant's license has been suspended [ ] for a period of ............ years .............. months .............. days [ ] indefinitely. [ ] RESTRICTED DRIVER'S LICENSE: A restricted driver's license was issued by separate order. [ ] The court SUSPENDS ................ years ............. months ............... days of incarceration .......................... fine for a period of ............................. upon the condition(s) specified in Suspended Sentence Conditions. Case No. ................................................ Description ....................................................................................................... [ ] Incarceration with the Virginia Department of Corrections for the term of: ......... years ........... months ........... days [ ] FINE. The defendant is ordered to pay fine(s) in the amount of $ .......................... . [ ] COSTS. The defendant is ordered to pay all costs of this case. [ ] RESTITUTION. The defendant is ordered to make restitution as set forth in the O RDER FOR R ESTITUTION . [ ] DRIVER'S LICENSE SUSPENSION: The defendant's license has been suspended [ ] for a period of ............ years .............. months .............. days [ ] indefinitely. [ ] RESTRICTED DRIVER'S LICENSE: A restricted driver's license was issued by separate order. [ ] The court SUSPENDS ................ years ............. months ............... days of incarceration .......................... fine for a period of ............................. upon the condition(s) specified in Suspended Sentence Conditions. Case No. ................................................ Description ....................................................................................................... [ ] Incarceration with the Virginia Department of Corrections for the term of: ......... years ........... months ........... days [ ] FINE. The defendant is ordered to pay fine(s) in the amount of $ .......................... . [ ] COSTS. The defendant is ordered to pay all costs of this case. [ ] RESTITUTION. The defendant is ordered to make restitution as set forth in the O RDER FOR R ESTITUTION . [ ] DRIVER'S LICENSE SUSPENSION: The defendant's license has been suspended [ ] for a period of ............ years .............. months .............. days [ ] indefinitely. [ ] RESTRICTED DRIVER'S LICENSE: A restricted driver's license was issued by separate order. [ ] The court SUSPENDS ................ years ............. months ............... days of incarceration .......................... fine for a period of ............................. upon the condition(s) specified in Suspended Sentence Conditions. Page 2 of 4 FORM CC-1393 MASTER 07/21 COMMONWEALTH OF VIRGINIA v. ................................................................................................................. , Defendant Consecutive/concurrent: [ ] These sentences are to run consecutively with all other sentences. [ ] These sentences are to run concurrently with all other sentences. [ ] These sentences are to run consecutively/concurrently as described: Suspended Sentence Conditions: Good Behavior: The defendant must be of good behavior for the entire period of any suspended sentence ordered. [ ] Supervised Probation: The defendant is placed on probation under the supervision of a Probation Officer to commence [ ] upon sentencing [ ] upon release from incarceration for ………….. years .................... months ………….. days or unless sooner released by the court or by the Probation Officer. The defendant must comply with all the rules and requirements set by the Probation Officer. Probation may include substance abuse counseling and/or testing as prescribed by the Probation Officer. [ ] Community Corrections Alternative Program pursuant to Virginia Code § 19.2-316.4: The defendant must successfully complete the Community Corrections Alternative Program. Successful completion of the program must be followed by a period of supervised probation of ……………………………………………………………………………………………………………………. . [ ] The defendant will remain in custody until program entry. [ ] Registration pursuant to Code § 9.1-903 for offenses defined in § 9.1-902 is required. [ ] The defendant must provide a DNA sample and legible fingerprints as directed. [ ] Additional conditions of suspended sentence: [ ] The defendant must make restitution as set forth in the O RDER FOR R ESTITUTION . Page 3 of 4 FORM CC-1393 MASTER 07/21 COMMONWEALTH OF VIRGINIA v. .................................................................................................... , Defendant Post-incarceration supervision following felony conviction pursuant to Virginia Code § 18.2-10 and 19.2-295.2: [ ] Post-Incarceration Supervised Probation: The defendant is placed on supervised probation to commence upon ........................................................................................................................release from incarceration for a period of ........................................................................................., unless released earlier by the court. The defendant must comply with all the rules and requirements set by the Probation Officer. [ ] Post-Incarceration Post-Release Supervision: In addition to the above sentence of incarceration, the court imposes an additional term of ............................................................. of incarceration. This term is suspended and a ................................................................................................. period of post-release supervision of is imposed, which is to commence upon release from incarceration. The defendant must comply with all the rules and requirements set by the Probation Officer. [ ] [ ] The defendant was remanded to the custody of the sheriff. [ ] The defendant was allowed to depart. The defendant will be given credit for time spent in confinement while awaiting trial pursuant to Virginia Code § 53.1-187. Such credit for time includes any time spent in pretrial confinement or detention on separate, dismissed, or nolle prosequi charges that are from the same act as the violation for which the person is convicted and sentenced to a term of confinement. ENTER this .......... day of ..................................................... . ................................................................................................, Judge DEFENDANT IDENTIFICATION: Name: ............................................................................................ Alias: ............................................................................................. SSN: ............................ DOB: ......... / ......... / ......... Sex: ......... SENTENCE SUMMARY: Total Incarceration Sentence Imposed: .................................................................................................................................... Total Sentence Suspended: .................................................................................................................................... Total Supervised Probation Term: .................................................................................................................................... Total Post-release Term Imposed and Suspended: .............................................................................................................. Total Fine Imposed: $ ....................................................... Total Fine Suspended: $ ....................................................... Page 4 of 4 FORM CC-1393 MASTER 07/21 Last amended by Order dated May 26, 2023; effective immediately. APPENDIX Form 11. Misdemeanor Proceedings in District and Circuit Courts (Rule 3A:8(b)(2); Rule 7C:6; and Rule 8:18). Suggested Questions to Be Asked When Taking Pleas of Guilty or Nolo Contendere A. Pleas of Guilty or Nolo Contendere with Plea Agreements Requiring Imposition of an Active or Suspended Sentence of Confinement in Jail 1. Do you understand the charge(s) against you? 2. When Defendant appears without counsel: a) Do you understand you have the right to be represented by a lawyer? b) Do you understand that if you do not have the financial ability to hire your own lawyer, and you want me to, I will have you interviewed to see if you qualify for court-appointed counsel and I will appoint an attorney to represent you if you qualify? c) Do you want to hire an attorney to represent you, or be interviewed for court-appointed counsel or do you want to proceed today without a lawyer? 3. In Circuit Court: a) Do you understand that you have the right to have your case heard by a jury? b) Do you want your case to be heard by a judge without a jury or do you want a jury trial? 4. a) I understand that you have agreed to plead guilty (no contest) with the understanding that you will be sentenced to ____________________________. Is that correct? or b) I understand that you have agreed to plead guilty (no contest) with the understanding that the prosecutor will recommend a sentence of ________________. Do you understand that I do not have to accept the recommendation and that I can sentence you from ________________ to ________________? (provide full sentence range allowed by law) 5. Have you been promised anything else to get you to plead guilty (no contest)? 6. Are you being forced or threatened into pleading guilty (no contest)? 7. Do you understand that by pleading guilty (no contest) you are giving up your right to a trial including the right to hear from and question the witnesses against you and the right to avoid being required to give evidence against yourself? 8. Do you understand that if you are not a citizen of the United States and if you plead guilty or are found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States? 9. Do you have any questions before I accept your plea(s) of guilty (no contest)? B. Pleas of Guilty or Nolo Contendere Without a Plea Agreement 1. Do you understand the charge(s) against you? 2. When Defendant appears without counsel: a) Do you understand you have the right to be represented by a lawyer? b) Do you understand that if you do not have the financial ability to hire your own lawyer, and you want me to, I will have you interviewed to see if you qualify for court-appointed counsel and I will appoint an attorney to represent you if you qualify? c) Do you want to hire an attorney to represent you, or be interviewed for court-appointed counsel or do you want to proceed today without a lawyer? 3. In Circuit Court: a) Do you understand that you have the right to have your case heard by a jury? b) Do you want your case to be heard by a judge without a jury or do you want a jury trial? 4. Do you understand that based upon your plea of guilty (no contest) the possible range of punishment is ________________ to ________________? 5. Have you been promised anything else to get you to plead guilty (no contest)? 6. Are you being forced or threatened into pleading guilty (no contest)? 7. Do you understand that by pleading guilty (no contest) you are giving up your right to a trial including the right to hear from and question the witnesses against you and the right to avoid being required to give evidence against yourself? 8. Do you understand that if you are not a citizen of the United States and if you plead guilty or are found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States? 9. Do you have any questions before I accept your plea(s) of guilty (no contest)? Suggested Plea of Guilty to Misdemeanor Plea Form with Plea Agreement Requiring Imposition of an Active or Suspended Sentence of Confinement in Jail 1.

I understand the charge(s) against me. 2. a)

I understand that I have the right to be represented by an attorney. b) I understand that if I do not have the financial ability to hire my own attorney, I could be interviewed to see if I qualify for court appointed counsel and if I did qualify the court would appoint an attorney to represent me. c) I do not want to be represented by an attorney and I do not want to be interviewed to see if I qualify for court appointed counsel. It is my desire to give up my right to counsel and to proceed today without an attorney. 3. In Circuit Court: a)

I understand that I have the right to have my case heard by a jury. b) I do not want my case to be heard by a jury and wish to proceed to have my case heard today by a judge without a jury. 4. a) I am pleading guilty (no contest) today based upon my understanding that I will be sentenced to ________________. b) I am pleading guilty (no contest) today based upon my understanding that the prosecutor will recommend a sentence of ________________.

I understand that the judge does not have to accept the recommendation and can sentence me from ________________ to ________________. 5. I have not been promised anything to get me to plead guilty (no contest). 6. I am not being forced or threatened to get me to plead guilty (no contest). 7. I understand that by pleading guilty (no contest)

I am giving up my right to a trial including the right to hear from and question the witnesses against me and the right to avoid being required to give evidence against myself. 8. I understand that if I am not a citizen of the United States and I plead guilty or am found to be guilty, there may be consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States. 9.

I do not have any questions to ask the court before the court decides whether to accept my plea of guilty (no contest). ______________________________ ______________________________ Counsel for Defendant Defendant Suggested Plea of Guilty to Misdemeanor Plea Form without Plea Agreement 1.

I understand the charge(s) against me. 2. a)

I understand that I have the right to have my case heard by a jury. b) I do not want my case to be heard by a jury and wish to proceed to have my case heard today by a judge without a jury. 4. I am pleading guilty (no contest) today based upon my understanding that I could be sentenced from ________________ to ________________. 5. I have not been promised anything to get me to plead guilty (no contest). 6. I am not being forced or threatened to get me to plead guilty (no contest). 7. I understand that by pleading guilty (no contest)

I do not have any questions to ask the court before the court decides to accept my plea of guilty (no contest). ______________________________ ______________________________ Counsel for Defendant Defendant Last amended by Order dated October 30, 2015; effective immediately. SCHEDULE