Petition to Enter Plea of Guilty

Petition to Enter Plea of Guilty

IN THE CIRCUIT COURT OF COUNTY,

PETITION TO ENTER PLEA OF GUILTY

The defendant, after having been duly sworn, on his/her oath represents and states in open Court the following:

1. My true name is , and I am also known as . I request that all proceedings against me be had in my true name. I am years of age. I have gone to school up to and including . I am I am not able to read and write [check one]. My physical and mental health is satisfactory unsatisfactory [check one]. I am not under the influence of any drugs or intoxicants except [if none, so specify].

2. I am represented by a lawyer who is court appointed; his/her name is . This petition has been read and explained to me in detail by my lawyer, and I understand its contents.

3. I wish to plead guilty to the charge of .

4. My lawyer has advised me as to the possibility of my conviction on the charge against me, and has thoroughly discussed all aspects of my case with me. My lawyer has counseled and advised me, and has made no threats or promises of any type or kind to induce me to enter this plea of guilty. The decision to seek entry of this plea was my own and mine alone, based on my own reasons and free from any outside coercive influences.

5. I understand that I have the right to plead not guilty to any offense charged against me. If I choose to plead not guilty, the Constitution guarantees me:

a. the right to a speedy and public trial by jury;

b. the right to see, hear, and face in open court all witnesses called to testify against me, and the right to cross examine those witnesses;

c. the right to use the power and process of the court to compel the production of any evidence, including the attendance of any witnesses in my favor;

d. the right to have the assistance of a lawyer at all critical stages of the proceedings against me;

e. the presumption of innocence, i.e., the State must prove beyond a reasonable doubt that I am guilty; and

f. the right to take the witness stand and testify in my own behalf if I want to; if I do not wish to take the witness stand and testify, I further understand that this fact cannot be held against me, and that the jury may be instructed that my refusal to testify may not be held against me.

g. I understand that unless I knowingly, willingly, and voluntarily agree to do so, I cannot be compelled to give testimony against myself in violation of my Fifth Amendment rights.

h. I further understand that should I be convicted in a jury trial, I have the right to appeal my conviction to the Mississippi Supreme Court, and with the assistance of counsel at no cost to me should I be financially unable to pay for an attorney to represent and assist me.

Knowing and understanding the Constitutional and other legal rights and guarantees set forth in this paragraph, I hereby waive each and every one of them and renew my desire to enter a plea of guilty.

6. I have fully informed my lawyer of all the facts and circumstances known to me about the charge against me. My lawyer has counseled and advised me on the nature and elements of the charge, on any and all lesser-included charges, and on all possible defenses that I might have in this case. My lawyer advises me and I understand that the elements of the charge to which I am pleading guilty are as follows:

7. I wish to plead guilty and request the court to accept my plea of guilty on the basis of the following [here set forth factual involvement in the crime charged]:

8. I know that if I plead guilty to this charge, the sentence may be [minimum] to (years) [maximum], and/or a fine of $ to $ . I also have been told by my lawyer that any sentence I may receive is up to the court, and that the Court may impose a maximum sentence of years and a fine of $ ; that the court is not required to carry out any understanding made by me and my attorney with the District Attorney; I understand that the court is not required to follow the recommendation of the District Attorney, if any. The District Attorney will take no part other than providing to the court police reports and other factual information which may be requested by the court; and the District Attorney shall make no recommendation to the court concerning my sentence except as follows: . (If none, specify none).

9. I have been convicted of no felonies in this or in any other State or of the United States, except as follows: .

10. I am am not presently on probation or parole. I understand that pleading guilty in this case may cause revocation of my probation or parole, and that this could result in a sentence of years in that case. I further understand that if my probation or parole is revoked, any sentence in that case may be consecutive to or in addition to any sentence in this case.

11. I understand that no one can assure me of parole or early release from prison. If I am sentenced as an habitual criminal, I will not be eligible for parole. If I am not eligible for parole I will not receive good-time credits and that earned or good-time credits will not be applied to reduce my parole eligibility date.

12. I declare that no officer or agent of any branch of government, Federal, State, or local, has made any promise or suggestion of any kind to me, or within my knowledge, to anyone else, that I will receive a lighter sentence, or probation, or any other form of leniency if I plead guilty, and that I have not been threatened, forced, intimidated or coerced in any manner by anyone.

13. I believe that my lawyer has done all that anyone could do to counsel and assist me. I AM SATISFIED WITH THE ADVICE AND COUNSEL HE/SHE HAS GIVEN ME. I recognize that if I have been told by my lawyer that I might receive probation or a light sentence, this representation is merely his opinion and that it is not binding on the court or the District Attorney.

14. I understand that my plea of guilty may be withdrawn at any time during a hearing on this petition, prior to the acceptance of my plea by the Court.

15. I OFFER MY PLEA OF GUILTY FREELY AND VOLUNTARILY AND OF MY OWN ACCORD AND WITH FULL UNDERSTANDING OF ALL THE MATTERS SET FORTH IN THE INDICTMENT OR INFORMATION AND IN THIS PETITION AND WITH UNDERSTANDING OF THE CERTIFICATE OF MY LAWYER WHICH IS PART OF THIS PETITION.

16. HABITUAL CRIMINAL PARAGRAPH. If not applicable to this plea, check . If applicable, note the statute under which the plea of guilty is to be taken:

MISS. CODE ANN. Section 99-19-81 (Supp.19 );

or under MISS. CODE ANN. Section 99-19-83 (Supp.19 );

Specify below the punishment sought to be enhanced by either of the above:

SIGNED AND SWORN TO UNDER OATH BY ME on the day of , A. D., 20 , with full knowledge that if I willfully and corruptly swear, testify, or affirm falsely to any material matter under oath, affirmation or declaration legally administered in this Court I will, upon conviction, be punished additionally for the crime of perjury.

STATE OF

COUNTY OF

SWORN TO AND SUBSCRIBED before me on this, the day of , A. D., 20 .

CERTIFICATE OF ATTORNEY OF RECORD

The undersigned, as lawyer and counselor of record for the defendant in this cause, hereby certifies:

1. I have read and fully explained to the defendant the allegations contained in the indictment or bill of information in this case;

2. To the best of my knowledge and belief the statements, representations, and declarations made by the defendant in the foregoing petition are in all respects accurate and true;

3. I have explained the minimum and maximum penalties for each charge or count to the defendant, and consider him/her competent to understand the charge against him/her and the effect of his/her plea of guilty;

4. The plea of guilty offered by the defendant in this petition accords with my understanding of the facts he/she has related to me, and is consistent with my advice to the defendant;

5. In my opinion, the plea of guilty as offered by the defendant in this petition is voluntary and knowingly made. I recommend that the court accept the plea of guilty;

6. Having discussed this matter carefully with the defendant, I am satisfied that he/she is mentally competent and physically sound; there is no mental or physical condition of which I am aware which would affect his ability to understand these proceedings; further, I have no reason to believe that he/she is under the influence of drugs or intoxicants [any exception should be stated by counsel for the Record].

SIGNED BY ME IN THE PRESENCE OF THE DEFENDANT ABOVE NAMED AND AFTER FULL DISCUSSION OF THE CONTENTS OF THIS CERTIFICATE WITH THE DEFENDANT ON THIS, THE DAY OF , A. D., 20 .