Guilty Plea In Absentia Packet (Defendant Not Present In Court)

IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY KENT COUNTY SUSSEX COUNTY STATE OF DELAWARE vs. ______________________ Defendant's name (please print) ) ) Case No(s). ) ) ) D.O.B. __________________________ __________________________ __________________________ __________________________ GUILTY PLEA IN ABSENTIA (DEFENDANT NOT PRESENT IN COURT) PLEAS IN ABSENTIA ARE ONLY ACCEPTED BY PERSONS REPRESENTED BY AN ATTORNEY The defendant must answer the following questions in his own handwriting: 1. Charge(s):________________________________________________________________ 2. Age: ______ Last grade completed in school: ____________________ 3. Present Employer: ________________________ Salary: ___________ 4. Have you ever been a patient in a mental hospital? ________________ 5. Are you under the influence of alcohol or drugs? __________________ 6. Have you freely and voluntarily decided to plead guilty to the charges listed above? ______________ 7. Have you consulted a lawyer about your decision to plea guilty? _________ If not, do you desire to do so? _____________ 8. If you have consulted a lawyer, are you satisfied that you have had adequate time to confer with him/her and that you have been adequately represented? ___ 9. Do you understand that because you are pleading guilty you will not have a trial and you therefore waive (give up) your constitutional right: (a) to a speedy and public trial (b) to a trial by jury (c) to hear and cross-examine witnesses against you (d) to present evidence in your defense (e) to be presumed innocent until the State can prove each and every part of the charges against you beyond a reasonable doubt (f) to appeal you conviction to a higher court? _____________________ 10. Do you understand you may plead guilty before a Commissioner of the Court of Common Pleas? _________________ 11. Do you understand that all jail sentences must by law be consecutive (one after the other) and cannot be concurrent? ________________ 12. What is the total consecutive maximum penalty provided by law for the charges to which you are pleading guilty? _______________________________ 13. Is there a mandatory minimum penalty? ________________ If so, what is it? ______________________________________________________________ 14. If you are on probation or parole, do you understand that your guilty plea will be a violation of probation or parole? ___________________________________ 15. Has anyone promised you or made any guarantee what your sentence will be? __________________ American LegalNet, Inc. www.FormsWorkflow.com 16. Has anyone threatened you or forced you to plead guilty? ______________ 17. Is your plea the result of a "plea bargain" with the State? ________________ I hereby certify that I have personally answered each of the above questions, that I fully understand the elements of each offense with which I am charged, and that I understand the consequences of this guilty plea, and hereby consent to the imposition of sentence by the Commissioner of the Court of Common Pleas. I hereby waive my right to be present in Court for my plea of guilty and for sentencing. SIGNATURE OF DEFENDANT __________________________ DATE ____________________ ________________________________ ________________________________________ SIGNATURE OF DEFENSE COUNSEL DEPUTY ATTORNEY GENERAL -----------------------------------------------------------------------------------------------------------------------DEFENDANT HAS BEEN ADVISED OF THE FOLLOWING: PRIOR CRIMINAL HISTORY: () Two or more prior felonies () Injury while DUI () Lack of amenability () Repetitive Criminal History () None of the above This record is not certified and represents only my current knowledge regarding the defendant. As a result of this history, the SENTAC sentence guidelines are as follows: Lead offense ________________________ up to ______________ at level _______ charge time Secondary offense ________________________ up to _____________ at level ________ _______________________________ up to ______________ at level _______ _______________________________ up to ______________ at level _______ _______________________________ up to ______________ at level _______ _______________________________ up to ______________ at level _______ _______________________________ up to ______________ at level _______ _______________________________ up to ______________ at level _______ _______________________________ or _____________________________ Defense Counsel _______________________________ Deputy Attorney General _______________________ Date: ___________________ 02-06-10-06-04-02 American LegalNet, Inc. www.FormsWorkflow.com