I am more than willing to go to trial for you! I assume you know this by now.

Yet despite this willingness, the fact is that most of defendants desire  a negotiated plea agreement. Such agreements have a criminal defendant pleading guilty in exchange for some “benefit(s).” For example, these benefits might include:

• the prosecutor dropping some of the charges the defendant faces;
• the prosecutor agreeing to charge something less — e.g., instead of felony assault — a misdemeanor assault or or a non-moving violation instead of a moving violation (which would result in points on your licence); 
• the prosecutor offering probation instead of prison sentence that might result from a jury finding the defendant guilty at trial; etc.

 My clients’ reasons for taking a plea offer vary:

• some admit they are guilty and just want the best “deal” they can get;
• some don’t want to risk trial;
• some don’t want to face the maximum prison sentences if they are found guilty on all the charges they face; etc.

The choice is yours, not mine. I will give you my assessment of your case, the evidence, and the prosecutor’s “plea offer” (often called “recommendation”) to help you decide, but it is your choice. 

For those that chose to plead guilty, Missouri Rules require:

[T]he “court” [i.e., judge]… address the defendant personally in open court, and inform defendant of, and determine that [the] defendant understands, the following:

• 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; and
• If the defendant is not represented by an attorney, that defendant has the right to be represented by an attorney at every stage of the proceedings against defendant and, if necessary, one will be appointed to represent defendant; and
• That defendant has the right to plead not guilty or to persist in that plea if it has already been made, and that defendant has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and cross-examine witnesses against defendant, and the right not to be compelled to incriminate himself or herself; and
• That if defendant pleads guilty there will not be a further trial of any kind, so that by pleading guilty defendant waives the right to a trial.
• Additionally, “the court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inquire as to whether the defendant’s willingness to plead guilty results from prior discussions between the prosecuting attorney and the defendant or defendant’s attorney.”
• And perhaps most significantly, the “court shall not enter a judgment upon a plea of guilty unless it determines that there is a factual basis for the plea.”

To meet all of the court’s obligations, the judges in this circuit require that defendants review and sign what is called a “Petition to Enter a Plea of Guilty.”  The “Petition” you will need to sign is specific to the courts/judges in the 2th Judicial Circuit (which includes Ste. Genevieve and St. Francois County, etc.). Here is a link to a blank copy of Felony Plea Petition (will open in different tab/window).

The video below is a long one (30 mins) because the Petition is 81 paragraphs. It is critical you understand what you are signing. If I do not think you do so, I will not sign the Petition, as I must do, representing to the court/judge that s/he should accept the plea.

This video is not intended to take the place of talking to you about your plea. But reviewing it in advance of your court hearing can save time and prevent unnecessary stress. 

Once you’ve reviewed it, if you have questions before we meet to discuss it, please contact me by email at grant.doty@mspd.mo.gov or text me to set up a phone call or meeting to discuss at: 573-705-9455