WEBVTT STYLE ::cue { color: white; background-color: #383943A3; } 00:00:00.919 --> 00:00:01.575 Hello. 00:00:01.885 --> 00:00:03.942 I'm Magistrate Michael Douglass. 00:00:04.432 --> 00:00:10.832 You are here today because you or your attorney has informed the court that you are entering a plea of 00:00:10.832 --> 00:00:12.400 guilty in this case. 00:00:12.970 --> 00:00:18.467 That plea of guilty may or may not be in writing depending on the charge to which you are pleading guilty. 00:00:18.877 --> 00:00:24.397 If you have any questions about your rights or the penalties you are facing, you should ask them at the 00:00:24.397 --> 00:00:28.202 conclusion of the video when you appear before the judge or magistrate. 00:00:28.352 --> 00:00:32.300 If you have an attorney, you should ask your questions to your attorney. 00:00:33.660 --> 00:00:36.820 Today, the court will discuss your plea of guilty. 00:00:37.310 --> 00:00:43.293 Before the Court can accept a plea of guilty from you, the court must be satisfied of the following: 00:00:43.943 --> 00:00:47.142 That you fully understand your constitutional rights; 00:00:47.632 --> 00:00:51.247 That your plea of guilty is made freely and voluntarily; and, 00:00:51.817 --> 00:00:58.045 That you, in fact, committed the crime or crimes to which you are admitting guilt. 00:00:59.393 --> 00:01:03.668 At the conclusion of this video, the Court will ask questions of you including: 00:01:04.078 --> 00:01:07.308 • "Whether you have a history of treatment for a mental health disorder; 00:01:07.798 --> 00:01:13.119 • Whether, to the best of your knowledge, you now suffer from any mental or emotional disability; 00:01:13.609 --> 00:01:18.408 • Whether you are now under the influence of alcohol or any drugs; and, 00:01:18.978 --> 00:01:25.020 • Whether it is your intent to withdraw your earlier plea of not guilty and now enter a plea of guilty. 00:01:26.393 --> 00:01:31.433 I will now advise you of the important rights you have and that you will be waiving when you enter a 00:01:31.433 --> 00:01:32.270 plea of guilty. 00:01:32.840 --> 00:01:38.120 When you are before the judge or magistrate, the judge or magistrate will ask you if you understand these 00:01:38.120 --> 00:01:43.000 rights and if you understand that you waive or give up these rights when you enter a plea of guilty, so 00:01:43.080 --> 00:01:44.281 please pay close attention. 00:01:45.626 --> 00:01:46.731 I advise you that: 00:01:47.221 --> 00:01:53.390 You have the right to have a trial, and to have that trial be public, speedy, and by jury. 00:01:54.840 --> 00:02:03.320 You have the right to face all witnesses against you and to see, hear, question, and cross-examine all 00:02:03.320 --> 00:02:05.014 witnesses against you. 00:02:06.440 --> 00:02:12.999 You have the right to require witnesses to be present at any hearing or trial and to testify on your behalf, 00:02:12.999 --> 00:02:18.564 and the court will help you by issuing orders to such witnesses to come to court and testify. 00:02:19.926 --> 00:02:26.166 The State of Indiana must prove "beyond" a reasonable doubt that you committed the offense or offenses charged 00:02:26.166 --> 00:02:28.473 against you before you can be found guilty. 00:02:29.986 --> 00:02:36.385 You cannot be forced to make any statement or to testify against yourself at any hearing or trial 00:02:37.190 --> 00:02:40.364 And, you have the right to remain silent. 00:02:41.886 --> 00:02:48.846 Lastly, if you were to have a trial and you were found guilty, you would have the right to appeal your conviction 00:02:48.846 --> 00:02:51.956 to the Indiana Court of Appeals and the Supreme Court. 00:02:52.446 --> 00:02:56.990 However, by pleading guilty you give up that right to appeal the conviction. 00:02:58.200 --> 00:03:03.366 You must understand that by pleading guilty you give up all the rights I just explained. 00:03:03.936 --> 00:03:10.496 If you have entered into a plea agreement and the agreement calls for open sentencing terms, you may 00:03:10.496 --> 00:03:13.020 still retain the right to appeal the sentence. 00:03:13.510 --> 00:03:21.030 However, if the terms of the agreement require you to waive your right to appeal, you may be "waiving" 00:03:21.030 --> 00:03:23.347 your right to appeal the sentence as well. 00:03:23.597 --> 00:03:26.477 If you have questions about that, please ask your attorney. 00:03:27.826 --> 00:03:35.154 You have the right to be represented by an attorney at all times, including during a trial or appeal. 00:03:35.544 --> 00:03:41.224 If you cannot afford to pay an attorney now or for the purposes of an appeal, the court will appoint 00:03:41.224 --> 00:03:42.374 an attorney for you. 00:03:43.566 --> 00:03:48.047 By pleading guilty, you must understand the charge to which you are now pleading guilty. 00:03:48.437 --> 00:03:51.889 The judge will review the charges with you when you are before the court. 00:03:52.379 --> 00:03:58.939 By pleading guilty, you must also admit to each and every element of the charge or charges to which you 00:03:58.939 --> 00:03:59.929 are pleading guilty. 00:04:00.419 --> 00:04:06.659 Lastly, by pleading guilty, you are admitting that you committed the crime or crimes to which you will 00:04:06.659 --> 00:04:07.993 be pleading guilty. 00:04:09.920 --> 00:04:16.319 If you have entered into an agreement with the State, you must understand that the judge is not a party 00:04:16.319 --> 00:04:17.239 to that agreement. 00:04:17.809 --> 00:04:22.655 The only "parties" to your agreement are you and the State of Indiana. 00:04:22.905 --> 00:04:27.573 The judge may not change the terms of any agreement you have made with the State. 00:04:27.823 --> 00:04:34.383 The judge may only accept or reject the plea of guilty after fully reviewing it with you, your attorney, 00:04:34.383 --> 00:04:35.032 and the State. 00:04:35.522 --> 00:04:42.082 If the judge accepts your plea of guilty, you will be judged guilty and sentenced pursuant to the terms 00:04:42.082 --> 00:04:44.628 of the agreement and without any trial. 00:04:46.073 --> 00:04:49.374 No person can force or threaten you to plead guilty. 00:04:49.764 --> 00:04:55.096 Likewise, no person may offer you anything of value in exchange for your plea of guilty. 00:04:55.406 --> 00:05:00.540 You may only plead guilty if it is your free and voluntary decision to do so. 00:05:01.973 --> 00:05:07.093 If your plea of guilty includes an admission that you committed the crime while possessing or using 00:05:07.093 --> 00:05:13.145 a firearm, including a modified firearm, you may be subject to a greater sentence for that reason. 00:05:14.493 --> 00:05:21.773 If your guilty plea includes an admission that you are a Habitual Offender or a Habitual Vehicular Substance 00:05:21.773 --> 00:05:24.364 Offender, your sentence may be increased. 00:05:24.834 --> 00:05:31.554 This is because Indiana law allows for additional punishment when someone has prior qualifying convictions 00:05:31.554 --> 00:05:35.009 related to drugs or substance-related driving offenses. 00:05:36.360 --> 00:05:42.279 If you are pleading guilty to an offense that involves the operation of a motor vehicle, the court will send 00:05:42.279 --> 00:05:47.560 a notice of your conviction to the Bureau of Motor Vehicles "and" the "conviction" will count toward 00:05:47.560 --> 00:05:49.806 you being a Habitual Traffic Violator. 00:05:50.296 --> 00:05:54.933 The conviction could possibly also result in a suspension of your driving privileges. 00:05:56.293 --> 00:06:03.172 After the conclusion of this video, the judge or magistrate will ask you whether you understood each and every 00:06:03.172 --> 00:06:05.026 advisement given in this video. 00:06:05.416 --> 00:06:10.776 If you have any questions or if you did not fully understand the information in this video, please let 00:06:10.776 --> 00:06:12.780 your attorney and the court know right away.