27.03.020 Entering a Plea.
Before accepting the defendant’s plea, the judge shall advise the defendant of the rights and opportunities, if the defendant has not previously been advised. The defendant may waive formal reading of these rights in open court.
(1) A defendant, personally or by counsel, may enter a plea of not guilty. If the defendant pleads not guilty, the judge shall:
(A) Ask the defendant if they want a jury trial or if they waive their right to jury trial. Waivers must be made in accordance with CTC 27.04.010.
(B) Set the date and time for trial, or further proceedings.
(C) If the defendant is still in custody, advise the defendant of their right to bail and set bail, or review the bail amount if bail has already been set.
(2) A plea of guilty shall not be entered except by the defendant in person. The judge shall not accept a plea of guilty without first addressing the defendant personally and determining that the plea is made voluntarily with the understanding of the nature of the charge, and explaining fully to the defendant their right to trial by jury, their right to engage counsel and the maximum penalty possible for the offense charged.
(A) A plea of guilty may be withdrawn, and a plea of not guilty or no contest substituted, at the judge’s discretion or before sentencing, upon adequate or compelling reason given by the defendant.
(B) A defendant may be permitted to enter a guilty plea to a lesser degree of the offense charged, or to a lesser offense included within the offense charged, and, if so, the reasons for the acceptance of the plea must be set forth in the order of the Court, and any recommendations by an officer or the prosecutor, with the reasons therefor, must be stated in writing and filed in the official files of the case.
(C) Upon acceptance of a plea of guilty, the judge may sentence immediately or, on the Court’s own motion or the request of either party, schedule a sentencing hearing in order to allow sufficient time for the involved parties to obtain any information necessary for the imposition of a just sentence.
(3) The Court shall not accept a plea of no contest without first addressing the defendant personally and determining that the plea is made voluntarily with an understanding of the nature of the charge and that the plea is not the result of force or threats or promises apart from any plea arrangements which may have been entered into between the prosecutor and the defendant. A defendant may plead no contest only with the consent of the judge. The defendant shall not make an admission of guilt but the defendant must accept the sentence recommended by the prosecutor in exchange for not contesting the charge. The plea will be accepted by the Court only after due consideration of the views of the party and the interest of the public in the effective administration of justice.
(4) The Court shall advise the defendant that if they enter a plea of guilty or no contest, there will not be a formal trial and, in effect, they have waived their right to a trial and all trial rights by such a plea, and any further statements they make to either the Court or to a police officer or other persons concerning the violation or charge can be used against him either in that proceeding or in any future prosecution. The Court shall also advise the defendant that by entering the plea, the defendant may face additional consequences, including the forfeiture of property, the loss of certain employment opportunities, disqualification from certain governmental benefits, and enhanced punishment if the defendant is convicted of another crime in the future.
(5) If the defendant refuses to enter a plea, or the judge refuses to accept a plea of guilty, the Court shall enter a plea of not guilty on behalf of the defendant.