Monday, August 24, 2009

Supplemental Plea Form for Graves Act Offenses (N.J.S.A. 2C: 43-6c) 11172 Plea-11

New Jersey Judiciary
Supplemental Plea Form for Graves Act Offenses (N.J.S.A. 2C: 43-6c)

Revised Form Promulgated by Directive (xx/xx/xxxx), CN 11172-English page 1 of 1

You are pleading to a Graves Act offense. This means:
A. You are pleading guilty to possession of a firearm with intent to use it against the person of
another or to murder, aggravated manslaughter, manslaughter, aggravated assault, kidnapping,
aggravated sexual assault, aggravated criminal sexual contact, robbery, burglary or escape;
AND
B. You are also admitting, by virtue of this plea, that while in the course of committing or
attempting to commit one of the crimes, including the immediate flight therefrom, you used or
were in possession of a firearm.

1. Do you understand that because of your plea of guilty to [Yes] [No]

you will be subject to a minimum period of time before you will be eligible
for parole (a parole ineligibility term) under the Graves Act (as set forth in
question 7 on the three-page plea form)?

2. Do you understand that by pleading guilty and admitting that you used or
were in possession of a firearm while in the course of committing or
attempting to commit one of the crimes, you are waiving your right to have
a jury determine, beyond a reasonable doubt, that you used or possessed a
firearm during the course of committing or attempting to commit one of the
crimes?
[Yes] [No]
3. Does any other mandatory sentencing provision apply to the
Graves Act count that provides for a greater period of parole
ineligibility (e.g., NERA, Three Strikes, Murder)?
[Yes] [No] [NA]
If so, which one?


Date Defendant
Defense Attorney
Prosecutor