Misdemeanor Boykin
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Rev. 8.13.19
24TH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON
STATE OF LOUISIANA
CASE NO.: DIVISION “C”
STATE OF LOUISIANA
VERSUS
FILED:___________ __________________
DEPUTY CLERK
DEFENDANT’S ACKNOWLEDGMENT OF CONSTITUTIONAL
RIGHTS AND WAIVER OF RIGHTS ON ENTRY OF A
PLEA OF GUILTY
DEFENDANT MUST INITIAL EACH PARAGRAPH
TO THE DEFENDANT, BY THE TRIAL JUDGE, PERSON TO PERSON:
I understand that I am charged with violating R.S.________ which
occurred on the _ day of ______________, 20_____.
The maximum penalty the Court can impose is ________________.
I understand that I have the following rights:
A right to a trial by the Court.
A right to require the State to prove my guilt beyond a reasonable doubt.
A right to confront and to cross-examine my accusers, as well as compel
testimony on my behalf from my witnesses.
A right to remain silent and not to be compelled to incriminate myself, and that
my silence is not an inference of guilt.
A right to appellate review of an adverse verdict at trial.
A right to the assistance of a lawyer, and if I cannot afford one, the right to have a
free, court-appointed lawyer.
I understand that by entering a GUILTY plea, I am waiving and giving up those
rights listed above.
I understand that by pleading guilty I am authorizing the Court to impose up to
the maximum sentence provided by law without a trial.
I further understand that the Louisiana Department of Public Safety may suspend
my driving privileges, if applicable.
Possession of Marijuana (If Applicable): On a second conviction with regard to
possession of marijuana, the offender shall be fined not more than one thousand
dollars, imprisoned in the parish jail for not more than six months, or both. On a
third conviction with regard to possession of marijuana, the offender shall be
sentenced to imprisonment with or without hard labor for not more than two
years, shall be fined not more than two thousand five hundred dollars, or both.
On a fourth or subsequent conviction with regard to possession of marijuana,
the offender shall be sentenced to imprisonment with or without hard labor for not
more than eight years, shall be fined not more than five thousand dollars, or both.
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Rev. 8.13.19
DEFENDANT MUST INITIAL EACH PARAGRAPH
Possession of Drug Paraphernalia (If Applicable): On a second conviction with
regard to drug paraphernalia, the offender shall be fined not more than one
thousand dollars, or imprisoned for not more than six months, or both. On a third
or subsequent conviction, the offender shall be fined not more than two
thousand five hundred dollars, or imprisoned, with or without hard labor, for not
more than two years, or both.
Theft of Goods (If Applicable): With regard to theft of goods, if the offender in
such cases has been convicted of theft or theft of goods two or more times
previously, upon any subsequent conviction he shall be imprisoned, with or
without hard labor, for not more than two years or may be fined not more than
one thousand dollars, or both.
Do you acknowledge that your attorney and the Court have informed you that a
plea of guilty may affect your immigration status and your ability to maintain
residency in the United States?
Do you acknowledge that your willingness to plead guilty or nolo contendere
resulted from prior discussions between the district attorney and you or your
attorney.
Do you acknowledge that you have been informed of all plea offers made by the
State.
I have been advised by my attorney that, in the event the Trial Judge accepts my
plea of guilty, I will be sentenced as follows (pursuant to La. C. Cr. P. art. 894.1;
all general and special conditions of probation are attached):
Plea Pursuant to La.C.Cr.P. art. 894: YES or NO
District Attorney’s Recitation of Facts
DEFENDANT’S ATTORNEY:
I, as attorney for the defendant, was present during the recitation of the foregoing
colloquy between the defendant and the trial judge at the time of the defendant’s plea of guilty.
I, also, have informed the defendant of his/her rights, particularly the nature of the crime
to which he/she is pleading guilty, the maximum sentence the court could impose under the law,
and the fact that the defendant, by entering this plea of guilty, is waiving his/her right to trial by
jury, or by the court alone, his/her right to confront his/her accusers, his/her right against selfincrimination, and lastly, that his/her only appeal is for review of jurisdictional defects; and I am
entirely satisfied that the defendant knowingly, willingly, intelligently and voluntarily has
entered this plea of guilty, knowing the consequences.
ATTORNEY
BY DEFENDANT:
I, as the defendant in this case, acknowledge that the foregoing has been read to me, that
my attorney and the trial judge have explained the nature of the crime to which I am pleading
guilty, all of my rights to me, and what rights I am waiving or giving up, as listed above, and that
I have been given every opportunity by the trial judge to ask questions in open court about
anything I do not understand and about all of the consequences regarding my plea of guilty. I am
completely satisfied with the explanations of my attorney and the judge.
I FURTHER ACKNOWLEDGE THAT MY ACT OF PLEADING GUILTY IS A
KNOWING, INTELLIGENT, FREE, AND VOLUNTARY ACT ON MY PART. I know
that no one can force me to plead guilty. I know that by pleading guilty, I admit, I committed the
said crime. I know this plea of guilty is more than a confession; it is also a conviction. Nothing
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remains except for the judge to give judgment and give me my punishment. I waive all delays for
sentencing and acknowledge I am ready for sentencing.
DEFENDANT
BY THE TRIAL JUDGE:
I, as trial judge, have entered into the foregoing colloquy with the defendant. I am
entirely satisfied that the defendant was aware of the nature of the crime to which he/she has
plead guilty, that the defendant did, in fact, commit said crime, understands the consequences of
said plea of guilty, and has made a knowing, intelligent, free, and voluntary act of pleading guilty
to the above mentioned crime and that there is a factual basis for the acceptance of this plea. I,
therefore, accept the defendant’s plea of guilty.
I would like to inform the defendant that he/she has thirty (30) days from today’s date to
appeal this sentence, and no application for post-conviction relief, including applications which
seek an out-of-time appeal, shall be considered if it is filed more than two years after the
judgment of conviction and sentence has become final under the provisions of La. C. Cr. P.
Articles 914 or 922. [La. C. Cr. P. art. 930.8(A)].
Gretna, Louisiana
DATE HONORABLE JUNE BERRY DARENSBURG
JUDGE, DIVISION “C”