Form 70: Post-conviction Motion to Vacate Guilty Plea

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 70: Post-Conviction Motion to Vacate Guilty Plea

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax)732-572-0030

website: www.njlaws.com

Date

m1 Municipal Court

m1 Municipal Prosecutor

State v __________
D/O
Summons:
Offense: DWI
Post Conviction Motion to Vacate Guilty Plea

Dear Prosecutor and Court Administrator:

Please accept this Letter Brief in Support of Motion to Vacate Guilty Plea and Return to Trial Calendar. My client was charged with DWI. According to the attached transcript, the prior trial judge did not, as required by Rule 7:10-2:

1. first address the defendant personally and determining by inquiry of the defendant and, in the court's discretion, of others,

2. determine that the plea is made voluntarily with understanding of the nature of the charge

3. advise the defendant of the consequences of the plea prior to the defendant pleading guilty

4. Take a factual basis for the plea.

5. Notify the defendant of detailed rights to appeal.

We request the court vacate the guilty plea, and restore this case to the court calendar.

It would have been impossible for the court to take a factual basis for a guilty plea as required by Rule 7:6-2.

Under Rule 7:6-2. Pleas

(a) Pleas Allowed, Guilty Plea.

(1) General. A defendant may plead not guilty or guilty, but the court may, in its discretion, refuse to accept a guilty plea. The court shall not, however, accept a guilty plea without

1. first addressing the defendant personally and determining by inquiry of the defendant and, in the court's discretion, of others,

2. that the plea is made voluntarily with understanding of the nature of the charge

3. the consequences of the plea

4. that there is a factual...