Guilty plea; advertisement of rights
Sec. 2. (a) The court shall not accept a plea of guilty or guilty but
mentally ill at the time of the crime without first determining that the
defendant:
(1) understands the nature of the charge against him;
(2) has been informed that by his plea he waives his rights to:
(A) a public and speedy trial by jury;
(B) confront and cross-examine the witnesses against him;
(C) have compulsory process for obtaining witnesses in his
favor; and
(D) require the state to prove his guilt beyond a reasonable
doubt at a trial at which the defendant may not be compelled
to testify against himself;
(3) has been informed of the maximum possible sentence and
minimum sentence for the crime charged and any possible
increased sentence by reason of the fact of a prior conviction or
convictions, and any possibility of the imposition of
consecutive sentences;
(4) has been informed that the person will lose the right to
possess a firearm if the person is convicted of a crime of
domestic violence (IC 35-41-1-6.3); and
(5) has been informed that if:
(A) there is a plea agreement as defined by IC 35-35-3-1;
and
(B) the court accepts the plea;
the court is bound by the terms of the plea agreement.
(b) A defendant in a misdemeanor case may waive the rights
under subsection (a) by signing a written waiver.
(c) Any variance from the requirements of this section that does
not violate a constitutional right of the defendant is not a basis for
setting aside a plea of guilty.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.179-1984,
SEC.1; P.L.313-1985, SEC.1; P.L.195-2003, SEC.3.
Last modified: May 24, 2006