Name

County Attorney

Address

City, State, Zip

Telephone Number

Attorney for Plaintiff

MONTANA JUDICIAL DISTRICT COURT, COUNTY

*

STATE OF MONTANA, * CAUSE NO.

*

Plaintiff, * JUDGE

*

vs. * ACKNOWLEDGEMENT OF

*

, * WAIVER OF RIGHTS BY

*

Defendant. * PLEA OF GUILTY

* * * * * * * * * * * * * * * *

I, , am prepared to enter a plea of Guilty in the above entitled matter. This plea is being voluntarily made, not the result of force or threats or of promises.

I, acknowledge that my attorney has explained to me and advised me of the following and I fully understand that:

1. I am charged with the offense of , and the maximum possible penalty provided by law is imprisonment in the Montana State Prison for a term of years, imprisonment in the County Jail for one (1) year and/or a fine of $ dollars.

2. I have the right to plead Not Guilty or to persist in that plea if it has already been made.

3. I have the right to be tried by a Judge or jury, and at that trial, I have the following rights:

a. The right to the assistance of counsel.

b. The right to have witnesses testify on my behalf.

c. The right to confront and cross-examine witnesses against me.

d. The right not to be compelled to incriminate myself.

e. The right to require my guilt to be proven beyond a reasonable doubt.

4. By pleading Guilty, I give up the right to a trial by Jury or Judge, the right to have witnesses testify on my behalf, the right to confront and cross-examine witnesses against me, the right not to be compelled to incriminate myself, and the right to appeal any finding of Guilty.

5. I understand that the County Attorney has agreed to recommend to the Court a sentence of , but I realize that such a recommendation is not binding upon the Court in passing sentence. (Strike out inapplicable).

6. I acknowledge that I am satisfied with the services of my attorney and that there has been ample time to prepare a defense.

7. I am not suffering any emotional or mental disability from any cause including mental defect or impairment or the taking of drugs, alcohol or prescription medicine and I fullyunderstand what I am doing.

8. The following are the facts of this incident which causes me to plead guilty of this offense. I believe I am guilty of this offense because I did the following: (Set forth facts in Defendant's words). .

9. I am satisfied that my lawyer has been fair to me and has represented me properly.

10. I acknowledge receiving a copy of this statement.

DATED this day of , 19 .

Defendant

I certify that the defendant has read the above to the defendant, (Strike out inapplicable) and I have advised the defendant of the above and explained it to him and I am satisfied that he understands all his rights and that his plea of Guilty is being voluntarily made, and that he is waiving such rights by entry of said plea.

DATED this day of day of , 19 .

Attorney for Defendant