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Petition To Enter Plea Of Guilty And Order Entering Plea - Kansas
| Petition To Enter Plea Of Guilty And Order Entering Plea Form. This is a Kansas form and can be used in District Court Federal . |
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IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v. ) ) ) ) ) ) ) ) NO. , Defendant. PETITION TO ENTER PLEA OF GUILTY AND ORDER ENTERING PLEA [Federal Rules of Criminal Procedure, Rules 10 and 11] The defendant represents to the Court: (1) My full true name is: I am years of age. I have completed in my true name. (2) . grade. I request that all proceedings against me be I am represented by a lawyer, his name is: . (3) I received a copy of the Indictment1 before being called upon to plead. I read the Indictment and have discussed it with my lawyer. I fully understand every charge made against me. (4) I told my lawyer all the facts and circumstances known to me about the charges made against me in the Indictment. I believe that my lawyer is fully informed on all such matters. (5) I know that the Court must be satisfied that there is a factual basis for a plea of "GUILTY" before my plea can be accepted. I represent to the Court that I did the following acts in connection with the charges made against me in Count(s) : . (6) My lawyer has counseled and advised me on the nature of each charge, on all lesser included charges, and on all possible defenses that I might have in this case. (7) I know that I have the right to plead "NOT GUILTY" to any offense charged against me. If I plead "NOT GUILTY" I know the Constitution guarantees me: (a) the right to a speedy and public trial by a jury; (b) at that trial, and at all stages of the proceedings, the right to the assistance of a lawyer; (c) the right to see and hear all witnesses called to testify against me, and the right to cross-examine those witnesses; (d) the right to use the power and process of the Court to compel the 1 "Indictment" also includes "Information." American LegalNet, Inc. www.FormsWorkflow.com production of any evidence, including the attendance of any witnesses in my favor; and (e) the right not to be compelled to incriminate myself by taking the witness stand, and if I do not take the witness stand, no inference of guilt may be drawn from such decision. (8) I know that if I plead "GUILTY," I am thereby waiving my right to a trial, and that there will be no further trial of any kind, either before a Court or jury; and further, I realize the Court may impose the same punishment as if I had pleaded "NOT GUILTY," stood trial, and been convicted by a jury. (9) I know that if I plead "GUILTY," the Court will ask me questions about the offense(s) to which I have pleaded, and since I will be answering these questions under oath, on the record, and in the presence of my lawyer, that my answers may later be used against me in a prosecution for perjury or false statement. (10) My lawyer informed me that the plea of "GUILTY" could subject me to a mandatory minimum sentence of not less than years (if applicable) and to a maximum punishment which, as provided by law, is years to be followed by a term of supervised release of at least years on (Title 21 Drug Offense) and not to exceed years (greater of 18 U.S.C. § 3583(b) or Title 21 Drug Offense), and a fine of not less than $ nor more than $ (which may accrue interest if not paid at time of sentencing) for the offense(s) charged in Count(s) of the Indictment or Information. I have also been informed that should the Court find me in violation of the supervised release term, the term could be revoked and an additional term of imprisonment years may be imposed. I have also been informed that the Court may order me not to exceed to make restitution in compliance with 18 U.S.C. § 3663 and § 3664 or as a condition of supervision, if such is ordered under 18 U.S.C. § 3563, in addition to any other penalty provided by law. I further understand that if I am pleading "GUILTY" to an offense which is subject to the Sentencing Reform Act, I cannot be released on parole and, if imprisonment is ordered in my case, the sentence imposed by the Court will be the sentence I serve less any good time credit if I earn it. (11) I know that in addition to any other penalty imposed, including any fine or restitution . order, the Court is required to impose a special monetary assessment in the amount of $ for each count in which the offense occurred after April 24, 1996. (Not $ less than $100.00 for a felony, $25.00 for a Class A misdemeanor; if the defendant is other than an individual the assessment is not less than $400.00 for a felony and $100.00 for a Class A misdemeanor). I UNDERSTAND THIS SPECIAL ASSESSMENT MUST BE PAID AT THE TIME OF THE SENTENCING HEARING UNLESS THE COURT DIRECTS OTHERWISE. (12) I understand that if my case involves drug trafficking or drug possession, the Court may deny or suspend my eligibility to receive federal benefits pursuant to 21 U.S.C. § 862, except for those specifically exempted. I understand that if this is my second or subsequent conviction for possession of a controlled substance, the Court may order me to complete drug treatment or community service as specified in the sentence as a condition for reinstatement of benefits. (13) I know that the Court may also order, in addition to the penalty imposed, that I give reasonable notice and explanation of the conviction, in such form as the Court may approve, to the victims of the offense. American LegalNet, Inc. www.FormsWorkflow.com (14) I have been advised and understand that if I am not a U.S. citizen, a conviction of a criminal offense may result in deportation from the United States, exclusion from admission to the United States, and/or denial of naturalization. (15) If I am on probation or parole in this or any other Court, I know that by pleading guilty here, my probation or parole may be revoked and I may be required to serve time in that case, which will be consecutive, that is, in addition to any sentence imposed upon me in this case. (16) I declare that no officer or agent of any branch of government (federal, state, or local) has promised, suggested, or predicted that I will receive a lighter sentence, or probation, or any other form of leniency if I plead "GUILTY," except as follows: My attorney did discuss how the Sentencing Guidelines may apply in my case. If anyone else, including my attorney, made such a promise, suggestion, or prediction, except as noted in the previous sentence, I know that he had no authority to do so. I know that the sentence I will receive is solely a matter within the control of the Judge. I do understand that there is no limitati
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