Explanation Of Rights And Plea Of Guilty For Non Habitual Offender {CR-51}

State Of Alabama Unified Judicial System Form CR-51 (front) Rev. 1/201 EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Non-Habitual Offender 226 Felony and Misdemeanor 226 Circuit or District Court) (FOR OFFENSES COMMITTED ON OR AFTER January 30, 2016 ) Case Number IN THE COURT OF, ALABAMA (Circuit or District) (Name of County) STATE OF ALABAMA v. Defendant TO THE ABOVE-NAMED DEFENDANT: The Court, having been informed that you wish to enter a plea of guilty in this case, hereby informs you of your rights as a defendant charged with a criminal offense. PENALTIES APPLICABLE TO YOUR CASE You are charged with the crime of, which is a Class Felony Misdemeanor. The Court has been informed that you desire to enter a plea of guilty to this offense or to the crime of which is a felony misdemeanor offense. The sentencing range for the abov e crime(s) is set out below: MISDEMEANOR FELONY Class A Up to one (1) year imprisonment in the county jail, or a fine up to $6,000, or both. Class A Not less than ten (10) years and not more than life or ninety-nine (99) years imprisonment in the state penitentiary, and may include a fine not to exceed $60,000 Class B Up to six (6) months imprisonment in the county jail, or a fine up to $3,000, or both. Class B Not less than two (2) years and not more than twenty (20) years imprisonment in the state penitentiary, and may include a fine not to exceed $30,000. Class C Up to three (3) months imprisonment in the county jail, or a fine not to exceed $500, or both. Class C Not less than one (1) year and one (1) day and not more than ten (10) years imprisonment in the state penitentiary, and may include a fine not to exceed $15,000*. Class D Not More than 5 years or less than 1 year and 1 day in the state penitentiary and may include a fine not to exceed $7,500*. Multiple Sentences. If you face multiple sentences for multiple crimes, the court may order your sentence for the above crime to run consecutively to or concurrently with the other sentence or sentences. Costs & Crime Victim's Assessment: You will also be ordered to pay the costs of court, which may include the fees of any appointed attorney, fines, fees, assessments, and restitution if there is any. You will also be ordered to pay an additional monetary penalty for the use and benefit of the Alabama Crime Victims Compensation Commission of not less than $50 and not more than $10,000 for each felony and not less than $25 and not more than $1,000 for each misdemeanor for which you are convicted. This crime is also subject to the following enhancements or additional penalties as provided by law: (Provisions Checked Apply To Your Case) Enhanced Punishment For Use Of Firearm Or Deadly Weapon: Sections 13A-5-6(a)(5) and (a)(6), Ala. Code 1975, provide for the enhancement of a punishment for a Class A, B, or C, felony in which a 223firearm or deadly weapon was used or attempted to be used in the commission of the felony.224 This section provides for the following punishments in such events: For the commission of a Class A Felony, a term of imprisonment of not less than 20 years; For the commission of a Class B or C Felony, a term of imprisonment of not less than 10 years. Enhanced Punishment for a Felony Criminal Sex Offense Involving a Child: Sections 13A-5-6(a)(5) and (a)(6), Ala. Code 1975, provide for the enhancement of a punishment for a Class A or B felony criminal sex offense involving a child under the age of 12 or involving child pornography. These Sections provide for the following punishment in such events: For a Class A felony criminal sex offense, not less than 20 years; For a Class B felony sex offense, not less than 10 years. Enhanced Punishment for Drug Sale Near School: Section 13A-12-250, Ala. Code 1975, provides that any person who is convicted of unlawfully selling any controlled substance within a three (3) mile radius of a public or private school, college, university or other educational institution, must be punished by an additional penalty of five years222 imprisonment for each violation. Enhanced Punishment for Drug Sale Near Housing Project: Section 13A-12-270, Ala. Code 1975, provides that any person who is convicted of unlawfully selling any controlled substance within a three (3) mile radius of a public housing project owned by a housing authority must be punished by an additional penalty of five years222 imprisonment in a state correctional facility for each violation. Enhanced Punishment For Sales Of Controlled Substance To One Under the age of 18: Section 13A-12-215, Ala. Code 1975, provides that anyone convicted of selling, furnishing or giving away a controlled substance to one who has not yet attained the age of 18 years, shall be guilty of a Class A Felony and the punishment imposed shall not be suspended or probation granted. * Class C and D felonies Split Sentencing Section 15-18-8(b) and (e), Ala.Code 1975, provides that when a defendant is convicted of an offense that constitutes a Class C or D felony and receives a sentence of not more than 15 years, and has not been sentenced to probation, drug court, or a pretrial diversion program, he or she shall be confined in a prison, jail-type institution, treatment institution, or community corrections program for a Class C felony offense or in a consenting community corrections program for a Class D felony offense for a period not exceeding two years. Theexecution of the remainder of the sentence shall be suspended and he or she shall be placed on probation for a period not exceeding three years and upon such terms as the court deems best. If no community corrections program exists within a county or jurisdiction and no alternative programoptions are available, a person convicted of an offense that constitutes a Class D felony may be sentenced to high-intensity probation under the supervision of the Board of Pardons and Paroles in lieu of community corrections. American LegalNet, Inc. www.FormsWorkFlow.com Form CR-51 (back) Rev. 1/201 EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Non-Habitual Offender 226 Felony and Misdemeanor 226 Circuit or District Court) (FOR OFFENSES COMMITTED ON OR AFTER January 30, 2016) *Enhanced Punishment for Class D felonies Note that Section 15-18-8 also provides that in all cases when it is shown that a defendant has been previously convicted of any three or more felonies or has beenpreviously convicted of any two or more felonies that are Class A or Class B felonies, and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.Drug Demand Reduction Assessment Act and Loss of Driving Privileges: Section 13A-12-281 provides that any person convicted of a violation of Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215 or 13A-12-231, Ala. Code 1975, shall be assessed an additional penalty of$1,000 if he or she is a first-time offender or $2,000 if he or she is a repeat offender under one of these sections. Collection of all or part of the penalty will be suspended if, with court approval, the defendant enters a drug rehabilitation program and if the defendant agrees to pay for a part or all of the program costs. Uponsuccessful completion of the program, the defendant may apply to the court to reduce the penalty by the amount actually paid by him or her for participation in the program. Any suspension of the penalty can be withdrawn by the court if the defendant fails to enroll in or successfully pursue or otherwise fail to complete anapproved program. Loss of Driving Privileges: Pursuant to Section 13A-12-291, Ala. Code 1975, a driver222s license shall be suspended for six months for aconviction for any of the following: attempting to commit, criminally conspiring to commit, criminal solicitation to commit, or committing the crime of trafficking inspecified substances under Section 13A-12-231; attempting to commit, criminal solicitation to commit, or committing the crime of unlawful possession with intentto distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211. Suspension of a driver222s license for a conviction of driving under t