Rule 2.8. Arraignment and plea

2.8(1) Conduct of arraignment.

a. Arraignment shall be conducted as soon as practicable following the filing of the

indictment. If the defendant appears for arraignment without counsel, the court must inform the

defendant of the right to counsel and ask if the defendant desires counsel. If the defendant desires

counsel and is unable by reason of indigency to employ any, the court must appoint defense

counsel.

b. The defendant shall be given a copy of the indictment and the minutes of testimony before

being called upon to plead.

c. Arraignment shall consist of reading the indictment to the defendant or, if the defendant

waives reading, stating to the defendant the substance of the charge and calling on the defendant

to enter a plea.

d. The defendant must inform the court whether the name shown in the indictment is the

defendant’s true and correct name. If the defendant gives no other name, the defendant is

thereafter precluded from objecting to the indictment on the ground of being improperly named.

e. Unless otherwise ordered by the court, a self-represented defendant may waive formal

arraignment and enter a plea of not guilty by executing and filing rule 2.37—Form 6(a): Written

Arraignment and Plea of Not Guilty (Self-Represented). An attorney for the defendant may waive

formal arraignment and enter a plea of not guilty by executing and filing a written arraignment

that substantially complies with rule 2.37—Form 6(b): Written Arraignment and Plea of Not

t may waive formal

arraignment and enter a plea of not guilty by executing and filing rule 2.37—Form 6(a): Written

Arraignment and Plea of Not Guilty (Self-Represented). An attorney for the defendant may waive

formal arraignment and enter a plea of not guilty by executing and filing a written arraignment

that substantially complies with rule 2.37—Form 6(b): Written Arraignment and Plea of Not

Guilty (By Attorney). If a written arraignment is used, the date of arraignment is deemed the date

the written arraignment is filed.

2.8(2) Pleas to the indictment.

a. In general. A defendant may plead guilty, not guilty, or former conviction or acquittal. If the

defendant fails or refuses to enter a plea at arraignment, or if the court refuses to accept a guilty

plea, the court shall enter a plea of not guilty. A plea of not guilty does not waive any right to

challenge the indictment.

b. Pleas of guilty. The court may refuse to accept a guilty plea. The court shall not accept a

guilty plea without establishing that the plea is made voluntarily and intelligently and has a

factual basis, and addressing the defendant personally in open court and informing the defendant

of, and establishing that the defendant understands, the following:

(1) The nature and elements of the offense to which the plea is offered.

(2) The statutory maximum and minimum penalties for the offense to which the plea is

offered. For purposes of this rule, penalties include incarceration, fines, surcharges, and any other

punitive consequences of the conviction.

(3) That a criminal conviction, deferred judgment, or deferred sentence may result in the

defendant not being able to vote, hold public office, or possess firearms or ammunition and may

have adverse consequences regarding housing, employment, federal or state benefits, student

loans, and driving privileges, in addition to other consequences.

d any other

punitive consequences of the conviction.

(3) That a criminal conviction, deferred judgment, or deferred sentence may result in the

defendant not being able to vote, hold public office, or possess firearms or ammunition and may

have adverse consequences regarding housing, employment, federal or state benefits, student

loans, and driving privileges, in addition to other consequences.

(4) That a criminal conviction, deferred judgment, or deferred sentence may affect a

defendant’s status under federal immigration laws. The court shall inform the defendant that if the

defendant is not a citizen of the United States, the effects may include deportation, inability to

reenter the United States, mandatory detention in immigration custody, ineligibility for release on

bond during immigration proceedings, and increased penalties for unauthorized reentry into the

United States.

(5) That the defendant has the right to a trial by jury; the defendant is presumed innocent and

cannot be convicted unless the State establishes guilt beyond a reasonable doubt to the

unanimous agreement of a 12-person jury; and the defendant has the right to assistance of

counsel, the right to confront and cross-examine witnesses, the right not to be compelled to

incriminate oneself, and the right to present witnesses and to have compulsory process in

securing their attendance.

(6) That by pleading guilty the defendant waives all trial rights and there will not be a trial of

any kind.

(7) That if the defendant pleads guilty (and the offense is not a class “A” felony), no appeal

may be taken unless there is good cause for the appeal.

to be compelled to

incriminate oneself, and the right to present witnesses and to have compulsory process in

securing their attendance.

(6) That by pleading guilty the defendant waives all trial rights and there will not be a trial of

any kind.

(7) That if the defendant pleads guilty (and the offense is not a class “A” felony), no appeal

may be taken unless there is good cause for the appeal.

(8) 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 the

defendant’s attorney. The terms of any plea agreement shall be disclosed of record as provided in

rule 2.10(2). Subject to rule 2.10(3), the court shall inform the defendant that the court is not

bound by any party’s recommendation as to sentence and that the court will determine sentence at

the time of judgment. If the defendant persists in the guilty plea and it is accepted by the court,

the defendant shall not have the right to withdraw the plea later on the ground that the court did

not follow the plea agreement.

(9) Conditional plea. With the consent of the court and the prosecuting attorney, a defendant

may enter a conditional plea of guilty, reserving in writing the right to have an appellate court

review an adverse determination of a specified pretrial motion. A defendant who prevails on

appeal may then withdraw the plea.

c. Manner and method of plea colloquy. The court shall question the defendant and may allow

the defendant’s attorney to question the defendant. The prosecuting attorney may suggest

questions to be asked of the defendant.

d. Challenging pleas of guilty. The court shall inform the defendant:

(1) That any challenges to a guilty plea based on alleged defects in the plea proceedings must

be raised in a timely motion in arrest of judgment.

(2) Of the time period for filing a motion in arrest of judgment.

’s attorney to question the defendant. The prosecuting attorney may suggest

questions to be asked of the defendant.

d. Challenging pleas of guilty. The court shall inform the defendant:

(1) That any challenges to a guilty plea based on alleged defects in the plea proceedings must

be raised in a timely motion in arrest of judgment.

(2) Of the time period for filing a motion in arrest of judgment.

(3) That failure to raise such challenges in a motion in arrest of judgment shall preclude the

right to assert them.

e. Immediate sentencing. Upon request of the defendant and agreement of the State, the court

may proceed directly to judgment and sentencing if the defendant waives all of the following:

(1) The right to file a motion in arrest of judgment.

(2) The use of a presentence investigation.

(3) The allotted time period before entry of judgment.

COMMENT: