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PA Bulletin, Doc. No. 14-652



Local Criminal Rules; Pleas and Plea Agreements; CP-23-MD 525-14

[44 Pa.B. 1874]
[Saturday, March 29, 2014]

And Now, this 4th day of March, 2014, it is hereby Ordered and Decreed that the existing Delaware County Local Criminal Rule 319(d) is rescinded and shall be renumbered as Delaware County Local Criminal Rule 590(D) Pleas and Plea Agreements in accordance with the language set forth as follows. Said Rule shall go into effect thirty (30) days after Publication in the Pennsylvania Law Bulletin.

Delaware County Local Rule 590(D). Pleas and Plea Agreements.

 The approved plea of guilty form (attached hereto) is to be completed by the defense attorney and defendant prior to the entry of the plea of guilty. The defendant is to read or have his attorney read to him each paragraph contained in the guilty plea statement and the defendant is to initial each paragraph after he has fully discussed with his attorney the rights he is waiving in each individual paragraph. The defendant is to sign the guilty plea form in the presence of his attorney after he fully understands and agrees to the terms of the plea.

 The defense attorney shall sign the guilty plea agreement certifying to the court that he has fully explained to the defendant the terms of the plea agreement and that the defendant understands what he is doing. The defense attorney shall be prepared to question the defendant during the guilty plea colloquy as to the defendant's understanding of the plea agreement and the rights being waived therein. The defense attorney may read and question from the guilty plea statement if the court so requests. The defendant and his attorney must be prepared to fully state their understanding of any plea agreement at the time the plea is entered.

 The guilty plea statement shall be submitted to the court at the time of the plea and shall be made part of the record. The guilty plea statement shall be furnished by the Court as provided from time to time.

By the Court

President Judge

[Pa.B. Doc. No. 14-652. Filed for public inspection March 28, 2014, 9:00 a.m.]

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