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Subject: Rule 24 - Rules of Criminal Procedure - Misdemeanors or Felonies - Arraignment and Proceedings Before Trial Publication / Adopted Date:June 13, 1979
Topic:Misdemeanors or Felonies - PleasRevised / Effective Date:January 1, 2004

24.02. Misdemeanors or Felonies - Pleas

(a) Alternatives. A defendant may plead not guilty, guilty, or not guilty by reason of mental disease or defect excluding responsibility, or both not guilty and not guilty by reason of mental disease or defect excluding responsibility. If a defendant refuses to plead or if a corporation fails to appear, the court shall enter a plea of not guilty.

(b) Advice to Defendant. Except as provided by Rule 31.03, before accepting a plea of guilty, the court must address the defendant personally in open court, and inform defendant of, and determine that defendant understands, the following:

(c) Insuring That the Plea Is Voluntary. Except as provided by Rule 31.03, the court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty results from prior discussions between the prosecuting attorney and the defendant or defendant's attorney.

(d) Plea Agreement Procedure. The court shall not participate in any such discussions, but after a plea agreement has been reached, the court may discuss the agreement with the attorneys including any alternative that would be acceptable.

(e) Determining Accuracy of Plea. The court shall not enter a judgment upon a plea of guilty unless it determines that there is a factual basis for the plea.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Nov. 21, 1979, eff. Jan. 1, 1980; May 18, 1981, eff. Jan. 1, 1982. Amended June 27, 2003, eff. January 1, 2004.)