Notes

General provisions
1. To all participants:

Plea Bargains

If someone is involved in a plea bargain, the notice shall state that fact and that the defendant will be sentenced to a prison term of up to the maximum authorized by the sentence agreement or law at the time of the plea. If a defendant is in possession of a firearm while committing the offense, the notice shall also state that fact and that this is a specific enhancement for which the defendant may be subject to additional punishment.

Date of sentencing

A participant should be notified if a defendant is sentenced on a date certain. This information should include the disposition, length of time the defendant will serve, whether he or she will be given credit for time served, and if applicable, the fact that the defendant is on parole. The notice shall also state that the disposition of the case is subject to appeal.

Lawyer's name and office address

The notice should include the lawyer's name, address, and telephone number.

Sufficiency of disclosure

If a defendant is represented by court-appointed counsel, a notice that complies with the guidelines should be given to the defendant and/or his or her lawyer before sentencing. If the defendant is not represented by counsel, a judge-approved form that satisfies the notice requirements should be used.

3. To participants who are not parties to a plea bargain:

Notice must be given the defendant

Except as noted in sub-paragraph 5, a notice of plea dispositions must be given the defendant in a timely manner, but no later than the date when the disposition becomes final. If a defendant pleads guilty, the notice must be given before the defendant pleads guilty. If a defendant pleads guilty, the notice must be given at the time of plea. This notice does not have to be given if the defendant is a fugitive.

Plea disclosures

Any mandatory disclosures applicable to a defendant's plea must be made by the clerk of court in a timely manner, but no later than the date when the disposition becomes final. If a defendant pleads guilty, the mandatory disclosures must be made at the time of plea. If a defendant pleads guilty, the mandatory disclosures must be made before the defendant enters the plea. If a defendant pleads guilty, the mandatory disclosures must be made no later than 10 days after the date of sentencing. If a defendant pleads guilty, the mandatory disclosures must be made at the time of sentencing
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