STATE OF MINNESOTA | DISTRICT COURT - JUVENILE DIVISION |
COUNTY OF __________ | __________ JUDICIAL DISTRICT |
In the Matter of the Welfare of: | PETITION TO ENTER PLEA OF GUILTY IN EXTENDED JURISDICTION JUVENILE CASE |
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Child | Court File No. ____________ |
1. | My full name is __________ and I have been charged by Delinquency Petition in juvenile court with the offense(s) of: _________ which would be a felony if committed by an adult. This felony carries a presumptive sentence of __________ [range] months in prison under the Minnesota Sentencing Guidelines and applicable statutes. | |
2. | The offense(s) is alleged to have occurred on __________ and I was __________ years old at the time, having a date of birth of __________. | |
3. | I understand the charge(s) against me in this case. | |
4. | I understand that I have a right to an attorney. | |
5. | I am represented by an attorney, and: | |
a. | I feel that I have had sufficient time to discuss my case with my attorney. | |
b. | I am satisfied that my attorney is fully informed as to the facts of this case. | |
c. | My attorney has discussed possible defenses that I may have. | |
d. | I am satisfied that my attorney has represented my interests and has fully advised me. | |
6. | I understand I have the right to a jury trial, and at that trial I have the following rights: | |
a. | The right to be presumed innocent unless and until proven guilty beyond a reasonable doubt. | |
b. | The right to be present and cross-examine all witnesses brought by the prosecutor. | |
c. | The right to subpoena and bring in my own witnesses. | |
d. | The right to remain silent or testify in my own defense. I understand that if I choose to remain silent, my silence could not be used against me. | |
e. | The right to a unanimous verdict by the jury. | |
7. | I understand that if I enter a plea of guilty to an offense, I give up the rights listed above in #6. | |
8. | I understand that the judge will not accept a plea from someone who says they are innocent. I am not saying that I am innocent of the charge(s) to which I am pleading guilty. | |
9. | I am entering my plea of guilty freely and voluntarily. | |
□ No promise of any agreement has been made to me. | ||
□ The following agreement has been reached in exchange for my plea: |
10. | If the court does not accept my guilty plea, I have a right to withdraw my plea and anything said in court cannot be used against me. However, if the court accepts my guilty plea, there will be a disposition in juvenile court and an adult prison sentence will be stayed. | |
11. | I have discussed with my attorney and understand the potential maximum penalties under the Minnesota Sentencing Guidelines and criminal statutes. We have discussed and I understand that there may be sentencing departures, either upward if the court finds aggravating circumstances, or downward if the court finds mitigating factors in the case. I understand that if the court finds I have violated the terms of the stayed prison sentence, the court can send me to prison. | |
12. | I understand I have a right to discuss my case with my parent(s), legal guardian(s), or legal custodian(s), and I have either done so or waive my right to do so. | |
13. | I understand I could be on probation until my 21st birthday. | |
14. | I understand that my plea may increase the penalties for future offenses, and this plea will be used to compute my adult criminal history score. | |
15. | If I plead guilty and I am adjudicated for a "crime of violence," it may be illegal for me to possess any firearm. | |
16. | If I plead guilty to a felony, I may be required to submit a DNA sample. For felony driving while impaired offenses and most sex offenses, a mandatory period of conditional release will follow the adult prison sentence if it is executed. Violating the terms of this conditional release may increase the time I serve in prison. In this case, the period of conditional release is _______ years. | |
17. | If I plead guilty to a sexual offense or predatory offense, I may be required to have a psychosexual evaluation, register as a predatory offender, and submit a DNA sample. | |
18. | I understand that if I am not a citizen of the United States, my guilty plea may result in deportation, exclusion from admission to the United States, or denial of naturalization as a United States citizen. | |
19. | I understand that my probation or parole could be revoked because of the guilty plea to this offense. | |
20. | I (have) (have not) been a patient in a mental hospital. | |
21. | I (have) (have not) talked with or been treated by a psychiatrist or other person for a nervous or mental condition. | |
22. | I (have) (have not) been ill recently. | |
23. | I (have) (have not) recently taken pills or medicine. | |
24. | Based upon all of this information, I am choosing to waive or give up my right to have a jury trial. | |
25. | No threats have been made to coerce me into waiving these rights. No promises have been made to me except as set forth in paragraph 9. | |
26. | I am waiving or giving up my rights freely and voluntarily. I have had sufficient time to discuss my rights and options with my attorney. |
DATE: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ | ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Child | |
DATE: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ | ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Child's Attorney |
(11/02) |