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PLEA COLLOQUY CODE

This rule applies whenever a magisterial district judge has jurisdiction to accept a plea of guilty in a court case. In those cases in which either the defendant declines to enter a plea of guilty before the magisterial district judge or the magisterial district judge refuses to accept a plea of guilty, the case is to proceed in the same manner as any other court case. This rule provides the procedures to implement this expanded jurisdiction of magisterial district judges. In certain cases, what would ordinarily be a court case within the jurisdiction of the court of common pleas has been placed within the jurisdiction of magisterial district judges. (E) Thirty days after the acceptance of the guilty plea and the imposition of sentence, the magisterial district judge shall certify the judgment, and shall forward the case to the clerk of courts of the judicial district for further proceedings. In such event, the magisterial district judge shall vacate the plea and judgment of sentence, and the case shall proceed in accordance with Rule 547, as though the defendant had been held for court.

(D) A defendant who enters a plea of guilty under this rule may, within 30 days after sentence, change the plea to not guilty by so notifying the magisterial district judge in writing.

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(2) signed by the magisterial district judge, with a certification that the plea was accepted after a full inquiry of the defendant, and that the plea was made knowingly, voluntarily, and intelligently. (1) signed by the defendant, with a representation by the defendant that the plea is entered knowingly, voluntarily, and intelligently and (B) The magisterial district judge may refuse to accept a plea of guilty, and the magisterial district judge shall not accept such plea unless there has been a determination, after inquiry of the defendant, that the plea is voluntarily and understandingly tendered. (A) In a court case in which a magisterial district judge is specifically empowered by statute to exercise jurisdiction, a defendant may plead guilty before a magisterial district judge at any time up to the completion of the preliminary hearing or the waiver thereof. Rule 550. Pleas of Guilty Before Magisterial District Judge in Court Cases.

PLEA COLLOQUY CODE

Code Rule 550. Pleas of Guilty Before Magisterial District Judge in Court Cases. If it is determined that the defendant has not been provided with information reasonably calculated to inform a person of ordinary intelligence of the effects, consequences and results of the plea, the court must advise him or her as to such consequences and legal effects. This duty may be expressly imposed by constitutional provision, statute, or court rule or implied by law as a corollary to the right of the accused to be fully informed of the nature of the charges against him.ĭuring the plea colloquy, the judge, or other judicial official, usually addresses the defendant directly in open court. The court has a duty to ascertain that the defendant has been apprised of the direct consequences arising from the plea including the nature of the permissible punishment and the loss of rights otherwise available, such as the right to a jury trial. The plea colloquy is intended to ensure that the defendant is making the plea knowingly, intelligently and voluntarily. The admonishments and advisements given by a judge to a criminal defendant prior to accepting a plea of guilty or nolo contendere.

Plea colloquy