RE: GUILTY PLEA COLLOQUY
Iowa Code Section 232.43
TO COUNTY/CHILD'S ATTORNEYS: Have the parties entered into any plea
negotiations and if so what are the terms of the agreement, if any ?
TO CHILD: 1. Are you correctly named in the Petition as [name] ?
2. Your age ? Grade in school ?
3. Read the Petition and minutes attached ? Discussed them with you attorney ?
Understand that you are charged with committing a delinquent act, to wit: _______________?
4. How do you plead to the charge of ________________ ?
In order for the Court to accept you plea of guilty to the charge(s), the Court must first
determine if the plea is voluntary and not he result of any force or threats of promises other than
those made in connection with the plea agreement. The Court must also make sure that you
understand the nature of the charges against you, the severest disposition and maximum length
thereof and the rights that you are waiving or giving up by entering a plea of guilty.
5. First you have the constitutional right against self-incrimination, in other words, no
one can require you to say anything in Court that would tend to shown your guilt to the charges
made. No one can force you to testify if you do not want to do so. By entering a guilty plea, you
would be waiving or giving up that constitutional right against self-incrimination. Do understand
that right and that you would be giving it up by pleading guilty today ?
6. You have the right to deny the allegations in the Petition, to say that you were not
involved or that you have some defense. If you enter a plea of not guilty, you are entitled to an
adjudicatory hearing to determine your guilt or your innocence. At that hearing you are
presumed innocent until such time, if any, as the State establishes your guilt beyond a reasonable
doubt. In other words, I would have to be very certain that you did commit the delinquent act
alleged before I could find you guilty. At that hearing the State would be required to confront
you with witnesses upon whose testimony it would rely and your attorney would be allowed to
cross examine or ask them questions. You and your attorney would have the right to require
persons to come and testify in your behalf. If you chose not to speak at that hearing, I could not
infer from that you are guilty. In other words, you are not required to testify and if you do not, I
cannot hold that against you. Now if you enter a plea of guilty, you will be waiving or giving up
the right to have a hearing whose purpose it would be to determine your guilt or your innocence.
Do you understand these rights and that you would be giving them up by pleading guilty today ?
7. In order for the State to prove that you were guilty of the charge(s) against you, they
would have to prove beyond a reasonable doubt that on or about ___________, 19___, you
[elements of crime].
8. The charge against you of ________________ would constitute what is called a
____________ misdemeanor (felony) if you were an adult. You are not charged as an adult and
the only reason the adult classification of the crime is important is because the maximum adult
sentence for that crime of _______ years is the maximum length of time I could place you in the
State Training School if I find you to have committed this delinquent act.
9. If the Court accepts your plea it may make any of the following dispositions:
a. Custody with parents, probation to Juvenile Court Services with restitution,
community service, restrictions on activities;
b. Family foster care, foster, group care, residential treatment;
c. In-patient treatment; or
d. Placement in the State Training School.
10. I must be certain that there is a factual basis for your plea of guilty. Tell me in your
own words what happened in cause you to be charged with this delinquent act.
11. Are you satisfied that your attorney has done all he/she could do for you ? Have you
discussed your rights much like I have done today ? Have you discussed any possible defenses ?
12. Are you today under the influence of any medication, drug, or alcoholic beverage ?
13. Were there any threats made to you to force you to plead guilty?
14. Were there any promises of leniency, other than those made in connection with the
plea agreement, made to induce you to plead guilty?
15. I will ask you again, how do you plead to the charge of ________ in violation of Iowa
Code Section ________, guilty or not guilty ?
TO CHILD'S PARENTS: Are you in agreement with the course of action your child
has taken by pleading guilty here today ? Are you in agreement with the planned disposition of
the matter ? Is there anything else you would like to tell me ?
TO CHILD'S ATTORNEY: Are you able to consent to your client's plea of guilty at
this time ? Do you believe the plea and disposition proposed is in the child's best interests ?
TO ASSISTANT COUNTY ATTORNEY: Do you know of any reason why the Court
should not accept the child's plea of guilty ?
DETERMINATION: It is then the determination of this Court that the child's plea of
guilty to the charge of ______________ in violation of Iowa Code Section __________ is (not)
accepted.
FORM – DEL402
Revised 11/03