Fill and Sign the Presumptive Sentencing Standards Form

Alabama Sentencing Commission Presumptive Sentencing Standards EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Presumptive Sentencing Standards – Circuit or District Court) (For Offenses sentenced on or after October 1, 2013) Case Number Count ( c o u n t # , I f A p p l i c a b l e ) 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 CAS E You are charged with the crime of ______________________, which is a Class ___ Felony. The Court has been informed that you desire to enter a plea of guilty to ____ this offense o r _____ to the crime of _________ _____________________ _____________________ ____ ________________________ _ ____________________________________________________________ which is a ____ felony . As such this offense is a Presumptive Sentencing Standards Offense and the presumptive sentence range for this offense based on Presumptive Sentencing Standards work sheets and sentence length table for ____ Drugs ____Property A. The Presumptive sentence disposition and range for this offense based on the worksheets and sentence length table is ___ non -prison ___ prison and ___ to ____ months, with, when prison is impo sed, an incarceration portion of a split sentence from ____ to ____ months. This sentence range includes the total sentence length that will apply to all offenses sentenced at this sentence hearing. The court may depart from the presumptive sentence disp osition or sentence range upon a finding of the existence of an aggravat ing or mitigating factor . The State has asserted the following aggravating factors: The sentence range for a ny departure from the presumptive sentence range for the above crime(s) is set out below: Prior Felonies This Offense No Prior Felonies One Prior Felonies Two Prior Felonies Three Prior Felonies Class C Felony 1 Yr. & 1 Day – 10 Years In State Penitentiary (Up to 3 yrs may be in Co. jail) Fine u p to $15,000 2 – 20 Year s In State Penitentiary (Up to 3 yrs may be in Co. jail) Fine up t o $30,000 10 – 99 Years In State Penitentiary Fine up t o $60,000 15 – 99 Years or Life In State Penitentiary Fine up t o $60,000 Class B Felony 2 – 20 Years In State Penitentiary (Up to 3 yrs may be in Co. jail) Fine u p to $30,000 10 – 99 Years o r Life In State Penitentiary Fine up t o $60,000 15 – 99 Years or Life In State Penitentiary Fine up t o $60,000 Mandatory Life Imprisonment or any term of not less than 20 years, Fine up t o $60 ,000 Class A Felony (No prior convictions for any Class A Felony) 10 – 99 Years or Life In State Penitentiary Fine up t o $60,000 15 – 99 Years or Life In State Penitentiary Fine up t o $60,000 Life I mprisonment or any t erm of years not less t han 99 Fine up t o $60,000 Mandatory Imprisonment f or Life or Life Imprisonment without p ossibility of parole, Fine up t o $60,000 Class A Felony (One or more prior convictions for any Class A Felony) 10 – 99 Years or Life In State Penitentiary Fine Up t o $60,00 0 15 – 99 Years or Life In State Penitentiary Fine up t o $60,000 Life Imprisonment or any t erm of years not less t han 99 Fine up t o $60,000 Mandatory Imprisonment f or life without possibility of p arole Fine up t o $60,000 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. This crime is also subject to the following enhancements or additional penalties as provided by law if a departure sentence is imposed : (Provisions Checked Apply To Your Case) ___Enhanced Punishment For Use Of Firearm Or Deadly Weapon: Sections 13A-5-6 (a) (4) and (a) (5), Ala. Code 1975, provide for the enhancement of a punishment fo r a Class A, B, or C, felony in which a “firearm or deadly weapon was used or attempted to be used in the commission of the felony.” This section provides for the following punishments in such events: For the commission of a Class A Felony, a term of impr isonment 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 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 ed ucational institution, must be punished by an additional penalty of five years’ 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 h ousing authority must be punished by an additional penalty of five years’ imprisonment in a state correctional facility for each violation. 1 This crime is also subject to the following enhancements or additional penalties as provided by law if presumptive sentence or a departure sentence is imposed: (Provisions Checked Apply To Your Case) ___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. Upon successful 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 fai ls to enroll in or successfully pursue or otherwise fail to complete an approved program. In addition, pursuant to Section 13A-12-214 (unlawful possession of marijuana in the second degree), Section 32-5A -191(a)(3) or Section 32-5A 191(a)(4)(DUI offenses involving drugs), the defendant will lose his or her privilege to drive a motor vehicle for a period of six months, which shall be in addition to any suspension or revocation otherwise provided by law. ___Alcohol/Drug Related Offenses: A person convicted of an alcohol or drug-related offense will be required to undergo an evaluation for substance abuse. Based upon the results of any such evaluation, he or she will be required to complete the recommended course of educat ion and/or treatment and to pay for the evaluation and any program to which the defendant is referred. Failure to submit to an evaluation or failure to complete any program to which the defendant may be referred will be considered a violation of any probation or parole he or she may be granted. The defendant m ay also be required to attend monitoring sessions, including random drug and alcohol testing or blood, urine and/or breath tests and to pay a fee for this service. The defendant may request a waiver of part or all of the fees assessed if he or she is indigent or for any portion of time he or she is financially unable to pay. Community service may be ordered by the court in lieu of the monetary payment of fees by an indigent. ___ Drug Trafficking Offenses : Convictions for drug trafficking while in possession of a firearm includes an additional mandatory period of incarceration of 5 years and a mandatory fine of $25,000. ___DUI Offenses: Pursuant to 32-5A -191.4, Code of Alabama 1975, persons convicted of driving under the influence are subject to installation of ignition interlock devices on motor vehicles. ___Drug Possession : If any person is convicted in any court of this state for drug possession, drug sale, drug trafficking, or drug paraphernal ia offenses as defined in Section 13A-12-21 1 to 13A-12-260, inclusive, Ala. Code 1975, an additional fee of $100.00 will be assessed pursuant to Section 36- 18-7, Ala. Code 1975. 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, bail bond fee, and restitution if there is any. You will also be ordered to pay an additional monetary penalty for the use and benefit of th e Alabama Crime Victims Compensation Commission of not less than $50 and not more than $10,000 for each felony and not less tha n $25 and not more than $1,000 for each misdemeanor for which you are convicted. ___Other _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________ RIGHTS YOU HAVE AND WAIVER OF YOUR RIGHTS TRIAL Under the Constitution of the United States and the Constitution and laws of the State of Alabama, you have a right to remain silent and you may not be compelled to give evidence against yourself. You attorney cannot disclose any confidential talks he/she has had with you. You ar e not required to answer any questions. If you do answer questions knowing that you have a right to remain silent, you will have waived this right. You have the right to enter, and continue to assert, a plea of “Not Guilty” or “Not Guilty by Reason of Mental Disease or Defect ,” and have a public trial before a duly selected jury. The jury would decide your guilt or innocence based upon the evidence presented before them. If you elect to proceed to trial, you would have the right to be present, you would have the right to have your attorney present to assist you, you would have the right to confront and cross examine your accuser(s) a nd all the State’s witnesses, you would have the right to subpoena witnesses to testify on your behalf and to have their attendance in court and their testimony required by the court, and you would have the right to take the witness stand and to testify, but only if you choose to do so, as no one can require you to do this. If you elect to testify, you can be cross examined by the State, just as any other witness is subjected to cross examination. If you decide n ot to testify, no one but your attorney will be allowed to comment about that fact to the jury. Your attorney is bound to do everything he/she can , honorably and reasonably, for you to obtain a fair and impartial trial. If you elect to proceed to trial, you come to court presumed to be innocent. This presumption of innocence will follow you throughout the trial until the State produces sufficient evidence to convince the jury (or the court if the trial is non -jury) of your guilt beyond a reasonable doubt. You have no burden of proof in this case. If the State fails to meet its burden, you would be found not guilty. If you are entering a guilty plea to a charge for which you have not yet been indicted, you are waiving indictment by a grand jury and you will be pleading guilty to a charge prefer red against you by a District Attorney’s Information filed with the court. If you are not a United States citizen, a guilty plea may subject you to adverse immigration consequences, including deportation (See 8 U.S.C. §1227), exclusion from reentry to the United States and amnesty, and that the appropriate consulate may be informed of the plea and conviction. DEPARTURE SENTENCE (Check if applicable) ____ You have the right to notice seven days prior to trial of any aggravating factor the state intends to assert in your case and you have the right to a trial by jury as to the existence of that factor. The state bears the burden of proving sufficient evidence to convince the jury (or the court if the trial is non-jury) of the existence of that factor beyond a reasonable doubt. You have the right to assert mitigating factors for presentation to the sentencing trial judge by giving t he sentencing judge notice of such factors no less than 7 days prior to sentencing. You bear the burden of proving by sufficient evidence to convince the court by a preponderance of the evidence that such factor exists. WAIVER If you plead guilty, (___ and admit the aggravating factors) there will be no trial. You will be waiving your rights outlined above, except your rights relating to representation by an attorney. The state will have nothing to prove and you will stand guilty on your guilty plea. By enteri ng a plea of guilty , YOU WILL ALSO WAIVE YOUR RIGHT TO APPEAL , unless in appeals to the Court of Criminal Appeals or the Supreme Court (1) you have before entering the plea of guilty, expressly reserved the right to appeal with respect to a particular issue or issues, in which event appellate revi ew shall be limited to a determination of the issue or issues reserved, (2) you have timely filed a motion to withdraw the plea of guilty after pronouncement of sentence on the ground that the withdrawal is necessary to correct a manifest injustice, and the court has denied your motion to withdraw your plea, or the motion has been deemed denied by operation of law. 2 IF YOU HAVE A RIGHT TO APPEAL UNDER ONE OF THE CONDITIONS ABOVE AND YOU ARE DETERMINED BY THE COURT TO BE INDIGENT, COUNSEL WILL BE APPOINTED TO REPRESENT YOU ON APPEAL IF YOU SO DESIRE AND IF THE APPEAL IS FROM A CIRCUIT COURT JUDGMENT OR SENTENCE, A COPY OF THE RECORD AND REPORTER’S TRANSCRIPT WILL BE PROVIDED AT NO COST TO YOU. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS OR THE CONSEQUENCES OF PLEADING GUILTY, PLEASE LET THE COURT KNOW NOW AND FURTHER EXPLANATION WILL BE MADE. The court , having personally addressed the defendant, determines that the defendant has entered the plea voluntarily (.) _______________ and has voluntarily admitted to the existence of the following aggravating factors. _________________ _______________________________________________ Date Judge _________________________________________________________________________________________________ ______ ATTORNEY’S CERTIFICATE I certify that the above was fully read to the defendant by me; that I explained the penalty or penalties involved with the defendant; that I discussed in detail defendant’s rights and the consequences of pleading guilty; and that, in my judgment, the defendant understands the same and that he/she is knowingly, voluntarily, and intelligently waiving his/her rights and entering a voluntary and intelligent plea of guilty. I further certify to the court that I have in no way forced or induced the defendant to plead guilty and to my knowledge no one else has done so. __________________________ _________________________________________________ Date Attorney DEFENDANT’S STATEMENT OF WAIVER OF RIGHTS AND PLEA OF GUILTY I certify to the court that my attorney has read and explained the matters set forth above; that my rights have been discusse d with me in detail and fully explained; that I understand the charge or charges against me; that I understand my rights, the punishment or punishments provided by law as they may appl y to my case, and I understand the consequences of pleading guilty; that I am not under the influence of any drugs, medicines, or alcoholic beverages; and I have not been threatened or abused or offered any inducement, reward, or hope of reward to plead guilty other than the terms of the plea agreement which will be stated on the record. I further state to the court that I am guilty of the charge to which I am entering a plea of guilty, that I desire to plead guilty, that I made up my own mind to plead guilty and that I knowingly and intelligently, and voluntarily waive my right to trial in this case (___ and I admit the existence of the aggravating factors) . I further state that I am satisfied with my attorney’s services and his/her handling of my case. __________________________ ______________________________________________________ Date Defendant 3