Kan. R. Jud. Dist. 19

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As amended through October 30, 2024

Rule 19 - Tender of Plea of Guilty and Nolo Contendere Forms

In all felony cases, misdemeanor cases and traffic offenses classified as misdemeanors, including, but not limited to:

1. Driving under the influence (K.S.A. 8-1567 );

2. Reckless driving (K.S.A. 8-1566 );

3. Fleeing and eluding (K.S.A. 8-1568 );

4. Suspended driver's license (K.S.A. 8-262 );

5. Perjury (K.S.A. 8-261a );

6. Fraudulent affidavit violations (K.S.A. 8-142 );

7. Failure to stop and give aid and/or information (K.S.A. 8-1602 and K.S.A. 8-1606 ); and

8. Financial responsibility violations (K.S.A. 40-3104 );

if the defendant elects to enter a plea of guilty or a plea of nolo contendere to the charge or charges filed against him, there shall be prepared and submitted to the court a written tender of plea of guilty and an accompanying certificate of counsel or a written tender of plea of nolo contendere and an accompanying certificate of counsel in substantially the forms attached to this rule. In addition, there shall be completed and filed in the case an order accepting the plea in substantially the form attached to this rule.

If, for good cause shown, the presiding judge finds that the tender of plea form cannot or should not be executed by the defendant, then in such event the court shall make oral inquiry of the defendant on the record concerning the matters contained in the tender of plea form.

IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

STATE OF KANSAS,

_______________,

Plaintiff,

Case No. ______

Defendant.

TENDER OF PLEA OF GUILTY

The defendant named above states to the court, as follows:

1. My given name is __________________________________. I am also known as _________________________________. I am ______ years of age (d.o.b. ___________). I have completed ______ years of school.

2. I am not presently under the influence of alcohol or drugs. I have never been determined to be mentally incompetent or mentally ill.

3. My lawyer's name is ___________________________________. He has represented me adequately, and to my satisfaction.

4. I have received a copy of the complaint or information. I have read it, and discussed it with my lawyer. I have told my lawyer all the facts and circumstances about the charge(s) brought against me. My lawyer is fully informed on all such matters.

5. My lawyer has advised me on the nature of the elements of each charge, and on all lesser included charges against me. He has advised me on all possible defenses that I may have in this case.

6. I understand that I am presumed to be innocent, and that the Constitution guarantees me:

i. The right to a speedy and public trial by a jury of my peers, at which the State must prove my guilty beyond a reasonable doubt;

ii. The right to see and hear all witnesses called to testify against me, and the right to confront and cross-examine those witnesses, while they are under oath;

iii. The right to call witnesses on my behalf, and to use the power of the court to compel their attendance, and to compel the production of evidence;

iv. The right to testify if I wish, but also the right not to testify, and that my guilt may not be inferred from my silence;

v. If I am convicted, I have the right to appeal. If I am indigent, the court will appoint an attorney for me and the State will pay for the costs of an appeal.

7. I understand that by pleading guilty, I am waiving the rights set out above. I am admitting to the truth of each and every element of the crimes charged. I understand that there will be no trial. I understand that the court will convict me of the charges to which I am pleading guilty. I also understand that the court may impose the same sentence as if I had entered a plea of "not guilty" and had been convicted by a jury.

8. I have been informed that by entering this plea, the court can impose a sentence of up to ______ years/months imprisonment, in addition to a fine of up to $_______________.

9. I am aware that if I am on parole or probation my conviction in this case may result in that parole or probation being revoked, and I may be sentenced to jail for a period of time in addition to any sentence imposed in this case.

10. No officer or agent of any branch of the government has made any promises to me in exchange for this plea, other than that set out in the plea negotiations. I am not entering this plea under any threat to myself, or to someone close to me.

11. There have been plea negotiations, which bring about this plea, which consist of the following: ____________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________.

12. I fully understand that the court is not bound by any agreements made between the county attorney and my lawyer, concerning the sentence to be imposed in this case. I understand that it is the court's responsibility, and the court's alone, to determine the appropriate sentence in this matter.

Signed in the presence of my attorney on _____________, 19__.

______________________________

Defendant

__________________________

Attorney for Defendant

CERTIFICATE OF COUNSEL

The undersigned, as lawyer for the defendant charged herein, certifies:

1. I have read to the defendant the allegations in the information/complaint. I have explained to him the elements of each charge, and the possible sentence that could be imposed for conviction of the charges to which he is hereby entering his plea of guilty.

2. I believe that the defendant is competent to understand these charges, and the consequences of his plea of guilty, and I believe that he does understand the same.

3. To the best of my knowledge and belief, the statements made by the defendant in the foregoing and attached tender form are true.

4. I have made no promises to the defendant concerning any sentence which the court may impose.

5. I have discussed the contents of this tender form and this accompanying certificate with the defendant, and assisted him in completing the tender form.

____________________________________________________

Attorney for Defendant

______________________________

Date

IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

STATE OF KANSAS,

_______________,

Plaintiff,

Case No. ______

Defendant.

ORDER ACCEPTING PLEA

Now on this ______ day of _________________, 19__, the court finds that the defendant named above has presented a Tender of Plea of Guilty form, and entered a plea of guilty to the charges brought by the State. Having examined the form, the court inquires of the defendant and his attorney in open court. The court informs the defendant of the maximum penalty which may be imposed if the plea is accepted, and that he is waiving certain Constitutional rights by entering his plea, which are specified and explained by the court. The court informs the defendant that he is admitting to the truth of each and all of the essential elements of the charges. Having heard the statements of the defendant and counsel, reviewed the file, and being duly advised in the premises, the court finds:

1. The defendant enters his plea voluntarily and not under any threat or promise;

2. The defendant understands the charges, and the plea that he is entering to those charges;

3. The defendants understand the consequences of the plea that he is entering;

4. There is a factual basis for the charges to which the defendant is entering his plea.

IT IS THEREFORE ORDERED that the defendant's plea of guilty be accepted, and it is hereby accepted, by this court, in accordance with his request.

________________________________

Judge of the District Court

IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

STATE OF KANSAS,

_______________,

Plaintiff,

Case No. ______

Defendant.

TENDER OF PLEA OF NOLO CONTENDERE (NO CONTEST)