Kansas > Local District Court > 7th Judicial District (Douglas County) > Miscellaneous
Plea Advisory - Kansas
| Plea Advisory Form. This is a Kansas form and can be used in Miscellaneous 7th Judicial District (Douglas County) Local District Court . |
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IN THE DISTRICT COURT OF DOUGLAS COUNTY, KANSAS STATE OF KANSAS Plaintiff VS. Case No. __________________ _____________________________________ Division ______ Defendant PLEA ADVISORY READ CAREFULLY The law requires that you understand all of the rights you are giving up by entering a plea in this case. Below you will find a statement of those rights. After you have read each right, if you understand it, please initial it. This advisory will be presented in Court, and the judge may ask you questions to be certain that you understand the rights you are giving up. If you have any questions about those rights, you may ask your attorney or the judge. This document will be made part of your Court file. 1. You have been charged with the following crimes: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Do you understand these charges? Yes _______ No _______ 2. You have a right to a trial in this case. _______ 3. You have the right to have a trial by jury. _______ 4. You have the right to be represented by a lawyer at trial, and if you cannot afford one, a lawyer would be appointed for you. _______ 5. If you enter a plea of guilty/no contest and if the court accepts that plea, you will be found guilty. _______ 6. If you enter a plea of guilty you are admiting to every element of the crime charged. _____ 7. If you enter a plea of guilty/no contest you will not have a trial. ______ 8. If you enter a plea of no contest and if the State proffers sufficient evidence to support the charges beyond a reasonable doubt, you will be found guilty even if you do not admit your guilt. _______ 9. If you enter a plea of guilty and if you or your attorney states sufficient facts to support the charges beyond a reasonable doubt, you will be found guilty. _______ 10. If you enter a plea of guilty/no contest, you give up your right to test the constitutionality of any statements you may have made to law enforcement officers or any evidence taken from you by law enforcement officers. _______ <<<<<<<<<********>>>>>>>>>>>>> 2 Page 2 Plea Advisory 11. In order to prove a crime, at trial the State must prove each element of the crime beyond a reasonable doubt. _______ 12. If the State does not prove each element beyond a reasonable doubt, then the judge or jury must find you not guilty. _______ 13. The State has the burden of proof to demonstrate your guilt beyond a reasonable doubt. _______ 14. At trial, you are presumed to be innocent of all crimes with which you are charged. _____ 15. At trial, you never have to prove you are not guilty. _______ 16. At trial, you have a right to see and hear witnesses who are called against you. _____ 17. At trial, your lawyer has the right to cross examine the States witnesses. _______ 18. At trial, you have the right to take the stand and under oath tell your side of what happened. ________ 19. You have the right to subpeona people to Court as witnesses for you r side of the case; this means they would be served with papers which would order them to appear. _______ 20. Under our Constitution, you have the right to remain silent and if you choose not to testify and not to call any witnesses, your silence may not be used to show that you are guilty or be used against you in any way. _______ 21. The State is requesting restitution in the amount of $_______________. ________ 22. If you had a trial and were found guilty, you could appeal your con viction to the Court of Appeals or the Supreme Court of Kansas. _______ 23. you might be entitled to a court appointed attorney to represent you in that appeal process. _______ 24. If you are convicted by your plea of guilty/no contest, and if the Court finds you guilty, you cannot appeal the question of guilt. _______ 25. The maximum and minimum penalties for each of the crimes upon which you are entering a plea are as follows: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __________ 26. Although there may have been plea negotiations in your case, and th e States attorney and your attorney have agreed upon certain sentencing recommendations, the Court does not have to follow those recommendations . _______ 27. The Court is not a part of any plea agreement. _______ 28. Aside from the plea agreement, has anyone made any promises to you, or has anyone threatened you to make you enter this plea? Yes ________ No _________ 29. Has anyone told you that the Court would be easy on you if you enter this plea? Yes ________ No _________ 30. Your lawyer was appointed by the Court. Yes ________ No _________ <<<<<<<<<********>>>>>>>>>>>>> 3 Page 3 Plea Advisory 31. Have you been pleased with the work he/she had done in your case? Yes ________ No _________ I have reviewed this plea advisory with my client. Date ____________ _______________________________________ Attorney I, _____________________________________, do solemnly swear that I have read the above entitled statement and fully understand the rights I am giving up by entering this plea. ________________________________________ Defendant Signature Subscribed and sworn to before me this ________ day of _________________ , __________. _________________________________________ District Judge
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