Any split in the vote is what we call a hung jury.
Those 12 individuals will listen to the facts of your case and determine your guilt or innocence based upon a standard of beyond a reasonable doubt.
#Written guilty plea colloquy trial
A jury trial consists of 12 individuals, chosen from the motor and voter rolls of (Baltimore City or County).
ěy proceeding in this manner, you are waiving your right to a trial.In exchange for your guilty plea the terms of the plea agreement are as follows: a) the state has agreed to recommend_ or the Court has bound itself to a sentence of _.The elements of (charge) the state has to prove for you to be found guilty are (name elements of charge).It is my understanding that you are electing to plead guilty to one count of (charge).Is your mind clear and do you understand what you are doing here today?.Have you ever been a patient in a mental hospital or received psychiatric care?.Ěre you presently under the influence of alcohol, illicit drugs, or prescription drugs?.Ĝan you read and write the English language?.Please state your name and address for the record.There are rare occasions when this litany needs tweaking due to the uniqueness of a particular case, but you should feel confident in using this verbatim in almost all instances. As an experienced Maryland criminal defense attorney, I have essentially given the same litany over 5000 times in Circuit Courts throughout Maryland, dating back to my days as a felony Public Defender in Baltimore City (1991-1994). All work as long all the proper elements and questions are included. Different lawyers have different styles when advising a defendant of the rights he/she is giving up in exchange for a guilty plea.
As a service to members of the Maryland Bar, below you will find a typical criminal litany given by the defense attorney to the defendant before a guilty plea is accepted.
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