23A-7-4. (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.
269 words·~1 min read·
/sd/title-23/chapter-23-7/23a-7-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Before accepting a plea of guilty or nolo contendere a court must address the defendant personally in open court, subject to the exception stated in § 23A-7-5 , and inform him of, and determine that he understands, the following:
(1)The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law;
(2)If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceedings against him and, if necessary, one will be appointed to represent him;
(3)That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to assistance of counsel, the right to confront and cross - examine witnesses against him, and the right not to be compelled to incriminate himself;
(4)That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial, the right to confront and cross - examine witnesses against him, and the right not to be compelled to incriminate himself; and
(5)That if he pleads guilty or nolo contendere, the court may ask him questions about the offense to which he has pleaded, and if he answers these questions under oath, on the record, and in the presence of counsel, his answers may later be used against him in a prosecution for perjury.