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IN THE COURT OF COMMON PLEAS OF ALLEGHENY (Fifth Judicial District of Pennsylvania)

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1 ___________________
Defendant’s Initials
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLANIA
CC# : ______________________
VS
OTN: ______________________
NOLO CONTENDERE
EXPLANATION OF DEFENDANT’S RIGHTS
You or your attorney has indicated to the officers of this Court that you wish to plead nolo
contendere to certain specific criminal charges that the Commonwealth of Pennsylvania has
brought against you.
In order to have your plea accepted by this Court here today, you must waive your right to
confront the prosecution witnesses against you and agree to permit the Attorney for the
Commonwealth to summarize the Commonwealth’s evidence against you. You must agree to
stipulate to the authenticity and accuracy of any Crime Laboratory reports presented by the
Commonwealth and to the chain of custody of any of the Commonwealth’s evidence involved
in your case.
You must fully understand that your plea must be voluntary and no clemency is being promised
in exchange for your plea, with the exception of any plea bargain or arrangement previously
agreed to between your attorney and the Assistant District Attorney assigned to your case.
By pleading nolo contendere, you are stating that you do not contest the charges against you. A
plea of nolo contendere has the same effect as a plea of guilty. In pleading nolo contendere,
although you do not admit guilt, you agree to forego a trial, be convicted of a crime, and be
sentenced accordingly. The Commonwealth would not have to prove each and every element
of the crimes with which you are charged as would be required in a jury or non-jury trial.
9.22.20
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Defendant’s Initials
Please be advised that you must fully understand that the Constitution of the United States of
America and the Constitution of the Commonwealth of Pennsylvania give to you an absolute
right to have a trial by jury.
If you intend to waive your Constitutional right to a trial by jury, please answer all the questions
on this form. Most of the questions are designed to be answered “yes” or “no.” Where general
information is requested, please answer the question as fully as possible.
If you do not understand the question, you should say so in writing on this form. You should
also tell your lawyer and the judge who hears your case so they can explain it to you. You must
fully understand all of your rights before your plea can be accepted by the judge.
You should initial each page at the bottom after you have read, understood and completed
your answers to the questions on that page. When you have finished all the questions, you
must sign the form at the end.
1. What is your full name? _______________________________________
2. How old are you today? _______________________________________
3. How far did you go in school? __________________________________
4. Can you read, write and understand the English language? ☐ Yes ☐No
5. Do you understand that if you have been charged with more than one offense, the
Court may impose a separate, or consecutive sentence for each offense?
☐ Yes ☐No
6. Have you discussed with your attorney the elements of each charged offense?
☐ Yes ☐No
7. Have you discussed with your attorney the factual basis of each charged offense?
☐ Yes ☐No
8. Have you discussed with your attorney how the facts in your case prove the elements of
each charged offense? ☐ Yes ☐No
9. Do you understand that both the Constitution of the United States of America and the
Constitution of the Commonwealth of Pennsylvania give you an absolute right to a trial
by jury? ☐ Yes ☐No
10. Do you understand that if you want a jury trial, you would take part in the selection of
the jury along with your attorney and with the Assistant District Attorney assigned to
prosecute your case? ☐ Yes ☐No
11. Do you understand that you and your attorney and the Assistant District Attorney
assigned to prosecute your case would select a jury from a panel of jurors randomly
picked by computer from the voter registration lists and other legally approved lists of
citizens of Allegheny County? ☐ Yes ☐No
9.22.20
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Defendant’s Initials
12. Do you understand that both the defense and prosecution would have the right to
“challenge” members of the jury panel and that this means you and the prosecution
would have the right to keep certain persons on the jury panel from being a member of
the jury in your case? ☐ Yes ☐No
13. Both you and the prosecution would have as many challenges “for cause” as the court
would approve. “For cause” means a good reason why the challenged person could not
be an impartial juror in our case. Do you fully understand this? ☐ Yes ☐No
14. Both you and the prosecution would each also have a number of “peremptory
challenges.” A peremptory challenge is one in which no reason must be given to
prevent a prospective juror from being a member of your jury. If you are charged with
felony, both you and the prosecution each have seven peremptory challenges. If you
are charged with only misdemeanors, both you and the prosecution each have five
peremptory challenges. Do you fully understand this? ☐ Yes ☐No
15. All twelve members of the jury finally selected would have to be satisfied that the
Commonwealth had proven your guilt beyond a reasonable doubt on each charge; that
is, the vote of all twelve must be “guilty” before you could be found guilty? Do you fully
understand this? ☐ Yes ☐No
16. You may also choose to be tried before a judge without a jury in what is called a “non-
jury” trial and that the judge, in addition to ruling on legal questions and defining the
laws as in a jury trials would also sit as a trier of fact, much like a jury does in a jury trial;
and it would be the judge who determines from the evidence presented whether the
Commonwealth has proven you guilty beyond a reasonable doubt. Do you fully
understand this ☐ Yes ☐No
17. In either the jury trial or non-jury trial before a judge, you enter the courtroom clothed
with the presumption of innocence and that presumption remains with you until such
time, if ever, that a jury in a jury trial or judge in a non-jury trial, would find you guilty
beyond a reasonable doubt. Do you fully understand this? ☐ Yes ☐No
18. In either a jury trial or in a non-jury trial before a judge, it is the burden of the
Commonwealth to prove you guilty “beyond a reasonable doubt,” and to do this the
Commonwealth must prove each and every element of the crime or crimes with which
you are charged “beyond a reasonable doubt” to the satisfaction of all twelve jurors in a
jury trial or to the satisfaction of the judge in a non-jury trial. Do you fully understand
this? ☐ Yes ☐No
19. A reasonable doubt is an honest doubt arising from the evidence presented or from the
lack of evidence and it is the kind of doubt that would cause a reasonable, prudent
person to pause or to hesitate before acting in a matter of the highest personal
importance. Do you fully understand this? ☐ Yes ☐No
9.22.20
4 ___________________
Defendant’s Initials
20. In either a jury trial or a non-jury trial before a judge, you have the absolute right to
remain silent and need not present any evidence in your own behalf and there is no
burden placed on you to prove your own innocence or, for that matter to prove
anything since the burden is always on the Commonwealth to prove you guilty beyond a
reasonable doubt. Do you fully understand this? ☐ Yes ☐No
21. However, in either a jury trial or a non-jury trial before a judge, you have the right, if you
so desire, to testify and to have witnesses testify on your behalf and you would have the
right to present any relevant evidence that you believe would tend or help to prove your
innocence and to challenge the evidence and testimony presented by the prosecution.
You would also have the right, either yourself or through your attorney, to cross-
examine or question any witnesses presented by the Commonwealth to test their
credibility and the truthfulness of their testimony. Do you fully understand this?
☐ Yes ☐No
22. By pleading nolo contendere, you are giving up all of these rights described in the
previous questions. Do you fully understand this? ☐ Yes ☐No
23. When you plead nolo contendere, the Commonwealth would not have to prove each
and every element of the crime or crimes with which you are charged by the
presentation of witnesses and/or other evidence but the Assistant District Attorney
could simply present a summary of the evidence against you. Do you fully understand
this? ☐ Yes ☐No
24. By pleading nolo contendere, you agree to forego a trial, be convicted of a crime, and be
sentenced accordingly. You are stating that you do not challenge or dispute the charges
against you. Do you fully understand this? ☐ Yes ☐No
25. By pleading nolo contendere, you give up the right not only to file pretrial motions, but
also you abandon or give up any pretrial motions already filed and not yet decided and
any pretrial motions in which decisions were already made. Do you fully understand
this? ☐ Yes ☐No
26. Do you understand that by pleading nolo contendere, you also give up the right to
present or assert any defenses on your behalf? ☐ Yes ☐No
These defenses might include alibi, self-defense, mental infirmity, or insanity. Have you
discussed with your attorney why these defenses are not available in your case?
☐ Yes ☐No
9.22.20
5 ___________________
Defendant’s Initials
27. If you were convicted after a jury trial or nonjury trial before a judge, you could appeal
the verdict to the appellate courts and raise any errors that were committed in the trial
court and this could result in a new trial or a dismissal. By pleading guilty, you are giving
up this right. Do you fully understand this? ☐ Yes ☐No
28. Do you fully understand that if you were convicted after a jury trial or a non-jury trial
before a judge, you could challenge in this Court and in the appellate courts whether the
Commonwealth had presented enough evidence to prove you guilty beyond a
reasonable doubt? ☐ Yes ☐No
29. By pleading nolo contendere, you give up certain rights of appeal; in a jury trial or a non-
jury trial before a judge, you would have the right to appeal any errors that might arise
in your case to the appellate courts. However, when you plead nolo contendere, you
limit the grounds for those appeals to four specific reasons:
1. That this Court did not have jurisdiction in your case. With rare exception, this
Court only has jurisdiction when the crime was committed in Allegheny County;
2. That the sentence or probation imposed by this Court is illegal;
3. That your plea was not knowingly, intelligently, and voluntarily made; and
4. The incompetence or ineffectiveness of the attorney who represents you.
All other grounds for appeal are given up. Do you fully understand this?
☐ Yes ☐No
30. In order to raise a claim on direct appeal that your attorney was ineffective or
incompetent, it is necessary to you to first raise that claim in a post sentence motion
filed within ten (10) days of your sentencing. Otherwise, you cannot challenge the
competence of your attorney until the post-conviction stage. Do you understand this?
☐ Yes ☐No
31. Do you understand that you have the right to file a motion seeking to withdraw your
nolo contendere plea at any time prior to the date of sentencing? ☐ Yes ☐No
32. Do you understand that you must be sentenced within ninety (90) days of the date of
the entry of your plea of nolo contendere? ☐ Yes ☐No
33. Do you understand you have the right within ten (10) days after you have been
sentenced to file a motion seeking to withdraw your plea of nolo contendere?
☐ Yes ☐No
34. If you were to file a motion seeking to withdraw your plea of nolo contendere, either
prior to sentencing or within ten (10) days after sentencing, that motion must be filed in
writing. If you would fail to do so within these time periods, you would forever give up
those rights. Do you fully understand this? ☐ Yes ☐No
9.22.20
7 ___________________
Defendant’s Initials
35. In Order to appeal your conviction that results for your plea of nolo contendere, you
must file in writing your motion seeking to withdraw your plea, either prior to
sentencing or within ten (10) days after sentencing and state one or more of the four (4)
grounds listed below as the basis for a motion seeking to withdraw your plea:
(a) Your plea was not knowing, intelligent and voluntary,
(b) That your crime was not committed within the jurisdiction of this Court, i.e.,
not committed within Allegheny County;
(c) That the sentence of this Court is illegal, and/or,
(d) That your attorney was ineffective and incompetent.
If you do not file this motion within the proscribed time limits, you will have given up
this right. Do you fully understand this? ☐ Yes ☐No
36. If your motion seeking to withdraw your plea of nolo contendere, which is filed prior to
sentencing, is denied you would have ten (10) days from the date of sentencing to file
with this Court a post-sentencing motion challenging the denial of your motion to
withdraw your plea of nolo contendere. Do you fully understand this?
☐ Yes ☐No
37. Following the imposition of sentence upon you for your entry of a plea of nolo
contendere, you have the right to file post-sentencing motions with this Court which
include:
(a) A motion challenging the validity of a plea of nolo contendere;
(b) A motion challenging the denial of a motion seeking a withdrawal of a plea of
nolo contendere;
(c) A motion to modify sentence.
Do you fully understand these rights? ☐ Yes ☐No
38. If you would file any post-sentencing motions, those motions must be decided by this
Court within one hundred twenty (120) days of the date of the filing of said motions, or
within one hundred fifty (150) days of the date of filing of those motions if you sought
and were granted a thirty-(30) day extension, which extension only you can request?
Do you fully understand this? ☐ Yes ☐No
39. If your post-sentencing motions are not decided within one hundred twenty (120) days
of the date of filing, or within one hundred fifty (150) days of the date of filing, if you
sought and received a thirty (30) day extension, then said motions are deemed to have
been denied by operation of law and cannot be reconsidered by this Court. Do you fully
understand this? ☐ Yes ☐No
40. If this Court would deny your post-sentencing motion within either the one hundred
twenty (120) or one hundred fifty (150) day time periods, you would have the right to
file with this Court a motion to reconsider the denials of your post-sentencing motions;
however, any motion to reconsider the denial of post-sentencing motions must be filed
by you and decided by this Court within either the one hundred twenty (120) or one
hundred fifty (150) day time limits. If such a motion to reconsider the denial of post-
9.22.20
8 ___________________
Defendant’s Initials
sentencing motion is not filed by you or, if filed, not decided by this Court within the one
hundred twenty (120) or one hundred fifty (150) day time limits, then any appellate
right that you have begin to run from the last day of either time limit. Do you fully
understand this? ☐ Yes ☐No
41. Should your post sentencing motion be denied by this Court or by operation of law, you
will receive, either from this Court from the Clerk of Courts, an Order of Court advising
you of your appellate rights, the right to assistance of counsel, if indigent, the right to
proceed in forma pauperis, and, the qualified right to bail. Any appeal to the Superior
Court must be filed within thirty (30) days of the denial of your post sentencing motion.
Do you fully understand? ☐ Yes ☐No
42. If you wish to file any of these motions with this Court or an appeal to the Superior
Court of Pennsylvania and cannot afford an attorney to assist you to do so, this Court
will appoint an attorney for you at no cost to you. Do you fully understand this?
☐ Yes ☐No
43. When you plead nolo contendere, and our plea is accepted by this Court, all that
remains is for the judge to sentence you on the charges to which you are pleading; but if
your plea is rejected, your case will be sent back for reassignment to another courtroom
and another judge for trial. Do you fully understand this? ☐ Yes ☐No
44. Have you and your attorney discussed the maximum possible sentences which this
Court could impose? ☐ Yes ☐No
45. If there is a mandatory minimum sentence applicable and this mandatory sentence is
sought by the Commonwealth, then this Court has no discretion to impose a lesser
sentence and must impose at least the minimum sentence that is required by law. Do
you fully understand this? ☐ Yes ☐No
46. Are you aware that if the offenses with which you are charged do not require a
mandatory sentence under the statutory law of Pennsylvania, this Court is not bound by
the sentencing guidelines and may deviate from the guidelines; however, if the Court
does so, both the District Attorney and you would have a right to appeal such deviation?
☐ Yes ☐No
47. Do you understand that if you are entering a plea of nolo contendere to the charge of
Violation of the Controlled Substance, Drug, Device and Cosmetic Act, that independent
of any sentence this Court might impose, the Department of Transportation has the
right, upon receipt of notice of this conviction, to impose an additional penalty upon
you, in the form of the suspension of your driver’s license for a period of time ranging
anywhere from ninety (90) days to two (2) years? ☐ Yes ☐No
9.22.20
9 ___________________
Defendant’s Initials
48. Do you understand that if you are entering a plea of nolo contendere to the charge of
Violation of the Vehicle Code: Driving Under the Influence of Alcohol, a controlled
substance or both, that independent of any sentence this Court might impose, the
Department of Transportation has the right, upon receipt of notice of this conviction, to
impose an additional penalty upon you, in the form of the suspension of your driver’s
license for a period of one (1) year? ☐ Yes ☐No
49. Do you understand that any term of imprisonment imposed as a result of your plea may
be imposed separately or consecutively with any other state or federal term of
imprisonment you are currently serving? ☐ Yes ☐No
50. Do you understand that the conviction that will result from your plea may serve as a
violation of any term of state or federal probation or parole? ☐ Yes ☐No
51. Do you understand that a violation of your state or federal probation or parole could
result in the imposition of a further separate, or consecutive, term of imprisonment?
☐ Yes ☐No
52. Your plea must be voluntary, and your rights must be voluntarily, knowingly and
intelligently waived. If anyone has promised you anything other than the terms of a
plea bargain, your plea will be rejected. If anyone has forced you or attempted to force
you in any way to plead nolo contendere, your plea will be rejected. Do you fully
understand this? ☐ Yes ☐No
53. Has anybody forced you to enter this plea? ☐ Yes ☐No
54. Are you doing this of your own free will? ☐ Yes ☐No
55. Have any threats been made to you to enter a plea? ☐ Yes ☐No
56. Has anyone (including your attorney) promised you anything in exchange for the nolo
contendere plea other than the terms of any plea bargain? ☐ Yes ☐No
57. Do you understand that if there is a plea bargain in this case, the terms of the plea
bargain will be stated on the record before the judge and that you will be bound by the
terms of the plea bargain as they appear of record? Yes No
58. Do you understand that this Court is not bound by any plea bargain entered into by you
and the District Attorney? ☐ Yes ☐No
9.22.20
10 ___________________
Defendant’s Initials
59. If the Court rejects the plea bargain after hearing a summary of the evidence, you would
then have a right to withdraw your plea and your case would be reassigned to another
judge before whom you would have the option of entering a straight plea with no plea
bargain involved or have your case heard by that judge in a nonjury trial, and of course,
you would still have the right to a trial by jury if you so desire. Do you fully understand
this? ☐ Yes ☐No
60. Is there a plea bargain in this case? ☐ Yes ☐No
61. Are you satisfied with the legal advice and legal representation of your attorney?
☐ Yes ☐No
62. Have you had ample opportunity to consult with your attorney before entering your
plea, and are you satisfied that your attorney knows all of the facts of your case and has
had enough time within which to check any questions of fact or law which either you or
your attorney may have about the case? ☐ Yes ☐No
63. Has your attorney gone over with you the meaning of the terms of this document?
☐ Yes ☐No
64. Have you ever had any physical or mental illness that would affect your ability to
understand these rights or affect the voluntary nature of your plea?
☐ Yes ☐No
65. Are you presently taking any medication which might affect your thinking or your free
will? ☐ Yes ☐No
66. Have you had any narcotics or alcohol in the last forty0eight (48) hours?
☐ Yes ☐No
67. If you are entering a plea of nolo contendere, do you admit that you are not challenging
the charges against you? ☐ Yes ☐No
68. Do you understand your rights? ☐ Yes
☐No
9.22.20
11 ___________________
Defendant’s Initials
I AFFIRM THAT I HAVE READ THE ABOVE DOCUMENT IN ITS ENTIRETY. I UNDERSTAND
ITS FULL MEANING, AND I AM STILL NEVERTHELESS WILLING TO ENTER A PLEA TO THE
OFFENSES SPECIFIED. I FURTHER AFFIRM THAT MY SIGNATURE AND INITIALS ON EACH
PAGE OF THIS DOCUMENT ARE TRUE AND CORRECT.
DATE
CERTIFICATION OF DEFENSE COUNSEL
I certify that:
(1) I am an attorney admitted to the Supreme Court of Pennsylvania.
(2) I represent the defendant herein.
(3) I know no reason why the defendant cannot fully understand everything that is
being said and done here today.
(4) The defendant read the above form in my presence and appeared to fully
understand it. I have gone over the form completely with the defendant, explained
all of the items on the form and answered any questions he or she had.
(5) I see no reason why the defendant cannot and is not knowingly, intelligently and
voluntarily giving up his or her rights to trial and pleading nolo contendere.
(6) I made no promises to the defendant other than any that appear of record in this
case.
DATE
9.22.20
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IN THE COURT OF COMMON PLEAS OF ALLEGHENY (Fifth Judicial District of Pennsylvania)

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