I'll talk with you about the plea conditions and possible penalties before we talk about rights.

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Advisement of Rights Per Crim. Poc Rule 11 and Plea of Guilty

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1. The undersigned acknowledges he/she is the defendant in this case and his/her true name is as stated above.

2. The following is a statement of the rights, which you, the defendant, have in this case:

   1. The right to plead not guilty and to have a trial either to the Court or to a Jury.

   2. The right to be represented by your attorney at all proceedings related to this case.

   3. If you cannot afford to hire an attorney, upon request, one will be appointed to represent you without cost if you qualify, and if you are facing a possible jail sentence.

   4. You are presumed innocent of the charges pending against you. The presumption of innocence will remain with you throughout the trial unless and until the prosecution presents evidence to prove you guilty beyond a reasonable doubt.

   5. At trial, you have the right to confront witnesses called to testify against you and to cross-examine those witnesses.

   6. The right to present evidence in your own defense at trial and to compel the attendance of witnesses by subpoenas issued by the Court or by your attorney.

   7. The right to remain silent or to testify in your defense as you choose. If you choose to remain silent, your silence cannot be used against you.

   8. If you are convicted you have the right to appeal to a higher Court to review the judgment of the Court.

3.  

   1. I acknowledge I have read and understand the elements of, and the penalties for the Offense(s) stated in Section(s) __A__ [the attorney advising you will describe]. I understand that the prosecution would have to prove each element of the offense(s) beyond a reasonable doubt before I could be convicted of the offense(s) in a trial. I am entering a plea of guilty for the offense(s).

   2. I am entering my plea of guilty voluntarily and not as a result of coercion or undue influence on the part of anyone. There has been no force nor any threats or promises made to me to cause me to enter this plea.

   3. I understand the Court will not be bound by any representations made by anyone to me concerning the penalty to be imposed or the granting or denial of probation, unless such representations are included in a formal plea agreement approved by the Court, or unless the prosecutor has filed a notice pursuant to C.R.S. §16-5-501, stating that the prosecutor will not seek a jail sentence upon my conviction.

   4. I acknowledge there is a factual basis for this plea, or, if this plea is the result of a plea agreement, I waive the establishment of a factual basis.  

   5. I understand my plea of guilty to the offense(s) stated in Section(s)   A   on the attached form(s) may result in the immediate loss of my driver’s license or driving privilege in this state.

   6. At this time I am not under the influence of any drugs, intoxicants, or medication nor do I have any physical or mental problems, which would interfere with my ability to understand the advisement given in this form. 

4. I acknowledge I have read and understand the advisement of rights in section II above, and I understand that by entering my plea of guilty to the charge, I am waiving and giving up all the rights set forth in section II above. I also acknowledge I have read and understand the statements in sections I and II above and those statements are true and correct. I also acknowledge I have read and understand the elements of the offense(s) and possible penalties as set forth on the back of this form.

5. I further acknowledge that if I am not a United States citizen, my plea may result in immigration consequences that include but are not limited to deportation or exclusion from the United States, or denial of naturalization in the United States.

6. I consent to either a/an Douglas County Court judge or referee hearing this matter.