Petition For Probation Without Verdict

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA CRIMINAL COMMONWEALTH OF PENNSYLVANIA vs. (Defendant) ) ) ) ) ) No. ______________________ PETITION FOR PROBATION WITHOUT VERDICT I understand that Probation Without Verdict is a probationary program under the Drug Act for first offenders accused of non-violent possessory offenses. I certify that I have not been previously convicted of any offense under the Drug Act nor any misdemeanor or felony in this Commonwealth or the equivalent in any other state. I am not currently charged with any drug offense under Clause (14), (30), and (37) of the Drug Act (involving the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance and/or steroids). I understand that no judgment will be entered against me at this time and further proceedings on my case shall be deferred. If I successfully complete the terms and conditions of my probation, the Court shall dismiss the charges against me without an adjudication of guilt or conviction. I further understand that if I should violate the terms or conditions of my probation, that the Court may enter a judgment and proceed against me as in any criminal case and I may be sentenced to the maximum penalty for this offense. 1. My full name is _____________________________________________________________ ; and I am also known as and I request that all proceedings against me be in my true name. 2. I WISH TO PLEAD GUILTY to the following counts of the above numbered information(s): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. I have told my lawyer all the facts and circumstances known to me about these charges. I believe that my lawyer is fully informed on all such matters. My lawyer has counseled and advised me on: the nature the charges; each element of each offense that must be proven beyond a reasonable doubt; any and all lesser included charges; all possible defenses that I might have in this case; my legal rights as a person charged with a crime; and the possible consequences of entering my plea of GUILTY. 4. I understand that I may plead NOT GUILTY to any offense charged against me. If I choose to plead NOT GUILTY, the law guarantees that I have the following rights as a person accused of a crime. a. I understand that I am presumed to be innocent; and before I could be found guilty of these crimes, the Commonwealth, through the district attorney's office, must prove every element of each of the crimes charged beyond a reasonable doubt. I would have no responsibility to prove 1 American LegalNet, Inc. www.FormsWorkFlow.com myself innocent. b. I have a right to have these charges tried before a jury of twelve individuals who are indiscriminately selected from people of Westmoreland County who are my peers. If these charges are tried before a jury, I understand that I would have the following rights relative to the jury trial: 1. 2. To find me guilty, all twelve of the jurors must unanimously agree that I have been proven guilty beyond a reasonable doubt. I, with the assistance of my attorney, would have the right to participate in the selection of the jury from people who are my peers. I could exclude from the jury all persons who I could demonstrate through questioning were prejudiced or biased regarding the case or for some reason would deny me a fair trial. I could also exclude up to __________ (5 for misdemeanors, 7 for felonies) jurors without giving any reason. I understand the Commonwealth has the same right to challenges as I do. d. I have the right to request that these charges be tried before a judge without a jury in which case the judge would act as the judge and jury; and the judge himself would decide whether I have been proven guilty. I also understand that the judge in such trials would be bound by the same law and rules of evidence as would apply in a jury trial. In a trial before a jury or before a judge without a jury, I have the following rights: 1. I have the right to confront my accusers which means that I have the right to see, hear and face in open court all witnesses called to testify against me and I would have the right to cross examine all the Commonwealth's witnesses. I have the right to use the power and process of the court to compel the production of evidence, including the attendance of witnesses in my favor. But I have no duty to call witnesses or present any evidence on my own behalf. I have the right to have the assistance of a lawyer at all stages of these criminal proceedings and in the event I could not afford to pay for a lawyer, a lawyer would be appointed by the court to represent me free of charge. I am satisfied with the advise and representation of my counsel. I have the right against self-incrimination, which means that I could not be compelled to testify against myself. I would have the right to testify; however only if I voluntarily decide to do so. If I do not take the witness stand and testify, the jury will be told that this may not be held against me. I understand that by pleading guilty I am incriminating myself and I am admitting that I have done what I am charged with in the District Attorney's Information which I have read with my attorney. c. 3. e. 2. 3. 4. f. I understand I have the right to a speedy public trial. My lawyer has explained to me my rights under Rule 600 of the Pa. Rules of Criminal Procedures. 5. I understand that by pleading GUILTY, I am waiving all of the above rights. 6. I also understand that if I plead GUILTY, to the charges, the court may impose the same punishment as if I had pled NOT GUILTY, stood trial and been found guilty. 7. I know that if I plead GUILTY to these charges, the maximum possible sentences are as follows: 2 American LegalNet, Inc. www.FormsWorkFlow.com a. ___________________________________________________________________ ___________________________________________________________________ b. ___________________________________________________________________ ___________________________________________________________________ c. ___________________________________________________________________ ___________________________________________________________________ I have been advised that the Pennsylvania Sentencing Guidelines require th