You should also review with your Bucks County criminal defense lawyer the factual basis and the potential defenses prior to entering a plea of guilty. The judge and/or the DA will provide a factual basis (what they are alleging) to establish a conviction. The judge will most likely go over the general elements of the crime(s) you are pleading to. Remember - you can always take back or withdrawal your plea before sentencing (which may, however, happen immediately after the colloquy). Therefore, the colloquy does not have to be in writing. ![]() The judge will further stress, pursuant to Padilla, that you have had time to speak to an immigration lawyer about your plea if you are not a U.S. The judge will also make sure you aren't on any alcohol or drugs that would preclude your ability to enter into the plea. This will include asking if the group/individuals know what they are doing, have had time to speak to their Bucks criminal lawyer, understand they have a right to a trial, understand the burden is on the Commonwealth to prove their case beyond a reasonable doubt, and understand that they are giving up those rights by pleading guilty. See Guilty Plea Petition, 9/5/14, at 1-2. The judge will further discuss the elements of the crimes with individual defendants and will then address the group as a whole. Milisits further attested in his written plea colloquy that his attorney had counseled him regarding all possible defenses that he might have, the elements of the offenses, the maximum possible sentence of incarceration, and all applicable sentencing guideline ranges. The judge will typically line up several defendants and individually address them regarding their alleged crime(s). When accepting a guilty plea, the judge must do more than check to see if the defendant read and understood the standard form used to enter the plea. In Philadelphia, the colloquy can be done by the District Attorney or the judge. The court must question the defendant personally on the record about the contents of the form in order to be a proper plea colloquy. You review a form and initial each page while signing the last page. ![]() In Bucks County, most guilty plea colloquys are verbal.
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