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Documentation to Be Provided IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CRIMINAL DIVISION The Honorable COMMONWEALTH OF PENNSYLVANIA, vs. Case No. Defendant REQUEST FOR REMOTE HEARING DATE OF REQUEST: DATE LISTED FOR TRIAL: To be submitted 4 days prior to Date Listed Counsel of Record Assistant District Attorney Defense Counsel Attending Remotely: YES NO Attending Remotely: YES NO Email Address Email Address Telephone Telephone Email and Telephone for Defendant (if attending remotely from another location) DOCUMENTATION TO BE PROVIDED COMMONWEALTH DOCUMENTATION DEFENSE DOCUMENTATION □ Plea Summary □ Guilty Plea Colloquy □ Guidelines □ Supplemental Waiver Colloquy □ Restitution (if applicable) □ Sorna Colloquy (SOC cases) □ Remote Hearing Form □ Charge Specific Conditions (SOC cases) If Defendant is remote, please fill out the following: □ Probation Intake Information Sheet □ Rules of Probation ***IF THE GUIDELINES ON THIS CASE CALL FOR INCARCERATION AND DEFENDANT IS OUT ON BOND, A REMOTE HEARING IS NOT APPROPRIATE AND THIS FORM IS NOT NEEDED. 8.20.20 Criminal Court Video Plea 1 Checklist and Instructions for Attorneys to SCHEDULE a Video Plea REQUIREMENTS: *Access to Microsoft TEAMS *Defense Counsel must have remote access to consult with the client through the ACJ After defense counsel has conferred with his/her client and they wish to enter a plea the following is the process during this Judicial Emergency o Send your request for a plea discussion to [email protected]. Include case caption and docket number o Please include your phone number and email address o Upon receipt, you will receive an email confirming receipt of your inquiry. o Your inquiry will be forwarded to Chief Trial Deputy Attorney William Petulla for review and then forwarded to the assigned ADA o The ADA will contact you within 48 hours with one of the following; • The agreed to plea terms requested • A counteroffer to the plea terms proposed • A refusal of the plea terms requested o If the ADA and defense counsel agree to the plea terms the ADA will provide by email, the written offer along with the sentencing guidelines, Colloquy and Waiver/Consent to Plea by Video Conference. o Defense counsel will arrange to review the offer and guidelines with his/her client. If the client wishes to accept the offer, or enter a general plea, complete both the Colloquy and Waiver/Consent and have the client sign them. Once completed the signed Colloquy, Waiver/Consent and the plea offer must be emailed to William Petulla ([email protected]) and the assigned ADA o If your client is incarcerated a video conference must be set up by emailing the Allegheny County Jail at [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] and [email protected] with the written plea offer, Colloquy and Waiver/Consent attached. Please include the inmate’s name, DOC #, and approximate time required to review the plea offer and complete the Colloquy and Waiver/Consent in the email. After the video conference with your client, the signed Colloquy and Waiver/Consent forms and plea offer will be scanned and emailed back to defense counsel. Once received, the signed Colloquy, Waiver/Consent and the plea offer must be emailed to William Petulla ([email protected]) and the assigned ADA. o The original Colloquy and Waiver/Consent forms will be retained at the Allegheny County Jail and will be filed with the Department of Court Records when the Court reopens. 8.20.20 Criminal Court Video Plea 1 o The District Attorney’s Office will forward the completed plea offer, Colloquy, Waiver/Consent, sentencing guidelines, including restitution and forfeiture if required, and the criminal information to the assigned Minute Clerk. o The Minute Clerk will confirm that all documentation has been submitted and will then forward to the assigned plea Judge, the original Judge of record, and Court Administration at [email protected] and [email protected] at least 48 hours before the scheduled plea date and time o The Judge of record will respond to the assigned Minute Clerk and the plea Judge at least 24 hours prior to the scheduled plea date and time, indicating their acceptance or rejection of the plea. If the plea is rejected, both attorneys will be notified by the assigned Minute Clerk via email. Otherwise, you should assume the plea will go forward and you will receive an email invitation to join the Microsoft Teams video conference o If your client is incarcerated, the client will be included in the video conference from the Allegheny County Jail. If your client is not incarcerated, it will be the defense attorney’s responsibility to arrange for your client’s availability to participate in the video conference plea. o After the pleas are taken and the sentence is imposed, the case will return to the original judge of record for any future proceedings o Pleas are currently being scheduled on Tuesday and Thursday beginning at 1:30pm. 8.20.20 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : CRIMINAL DIVISION vs. : ________________________________ : CC No. _____________________ GUILTY PLEA EXPLANATION OF DEFENDANT’S RIGHTS You or your attorney have indicated to the officers of this Court that you wish to plead guilty to certain specific criminal charges which the Commonwealth of Pennsylvania has brought against you. In order to have your plea accepted by this Court here today, you must waive your right to confront the prosecution witnesses against you and agree to permit the Attorney for the Commonwealth to summarize the Commonwealth’s evidence against you. You must agree to stipulate to the authenticity and accuracy of any Crime Laboratory reports presented by the Commonwealth and to the chain of custody of any of the Commonwealth’s evidence involved in your case. You must fully understand that your plea must be voluntary and no clemency is being promised in exchange for your plea, with the exception of any plea bargain or arrangement previously agreed to between your attorney and the Assistant District Attorney assigned to your case. By pleading guilty to any charge, you are admitting that you committed that offense. The Commonwealth would not have to prove beyond a reasonable doubt each and every element of the offenses with which you are charged as would be required in a jury or non-jury trial. Please be advised that you must fully understand that the Constitution of the United States of America and the Constitution of the Commonwealth of Pennsylvania give to you an absolute right to have a trial by judge or by jury. 8.20.20 If you intend to waive your Constitutional right to a trial by judge or by jury, please answer all the questions on this form. Most of the questions are designed to be answered “yes” or “no.” Where general information is requested, please answer the question as fully as possible. If you do not understand the question, you should say so in writing on this form. You should also tell your lawyer and the judge who hears your case so they can explain it to you. You must fully understand all of your rights before the judge can accept your plea. You should initial each page at the bottom after you have read, understood, and completed your answers to the questions on that page. When you have finished all of the questions, you must sign the form at the end. 1. What is your full name? ________________________________________________ 2. How old are you today? __________________________ 3. What is the highest grade that you have completed in school? _______________________ Answer either "Yes" or "No" to the following questions: 4. Do you read, write, and understand the English language? ____________ 5. Do you understand that if you have been charged with more than one offense, the Court may impose a separate, or consecutive, sentence for each offense? __________ 6. Have you discussed with your attorney the elements of each charged offense? ______ 7. Have you discussed with your attorney the factual basis of each charged offense? __________ 8. Have you discussed with your attorney how the facts in your case prove the elements of each charged offense? __________ 9. Do you understand that both the Constitution of the United States of America and the Constitution of the Commonwealth of Pennsylvania give you an absolute right to a trial by jury? __________________ 8.20.20 10. Do you understand that if you want a jury trial, you could take part in the selection of the jury under Court supervision along with your attorney and with the Assistant District Attorney assigned to prosecute your case? __________ 11. Do you understand that you and your attorney and the Assistant District Attorney assigned to prosecute your case would select a jury from a panel of jurors randomly selected by computer from the voter registration lists and other legally approved lists of citizens of Allegheny County? ___________ 12. Do you understand that both the defense and prosecution would have the right to “challenge” members of the jury panel and that this means you and the prosecution would have the right to cause certain persons on the jury panel from being a member of the jury in your case? _____________ 13. Both you and the prosecution would have as many challenges “for cause” as the court would approve. “For cause” means a good reason why the challenged person could not be a fair and impartial juror in your case. Do you fully understand this? ______________ 14. Both you and the prosecution would each also have a number of peremptory challenges.
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