Ga. R. Prob. Ct. 15.6.8

As amended through October 9, 2024
Rule 15.6.8 - Defendant to be informed

The judge should not accept a plea of guilty or nolo contendere from a defendant without first:

(A) Determining on the record that the defendant understands the nature of the charge(s);
(B) Informing the defendant on the record that by entering a plea of guilty or nolo contendere one waives:
1. The right to trial by jury;
2. The presumption of innocence;
3. The right to confront witnesses against oneself;
4. The right to subpoena witnesses;
5. The right to testify and to offer other evidence;
6. The right to assistance of counsel during trial;
7. The right not to incriminate oneself; and that by pleading not guilty or remaining silent and not entering a plea, one obtains a jury trial; and
(C) Informing the defendant on the record:
1. Of the terms of any negotiated plea;
2. That a plea of guilty may have an impact on his immigration status if the defendant is not a citizen of the United States;
3. Of the maximum possible sentence on the charge, including that possible from consecutive sentences and enhanced sentences where provided by law; and/or
4. Of the mandatory minimum sentence, if any, on the charge. This information may be developed by questions from the judge, the district attorney or the defense attorney, or a combination of any of these.

Ga. R. Prob. Ct. 15.6.8