(1) At the first appearance of the defendant in court or upon arraignment, whichever is first in time, it is the duty of the judge to inform the defendant and make certain that the defendant understands the following:
The defendant need make no statement, and any statement made can and may beused against him or her.
The defendant has a right to counsel.
If the defendant is an indigent person, he or she may make application for a courtappointed attorney, and, upon payment of the application fee, he or she will be assigned counsel as provided by law or applicable rule of criminal procedure.
Any plea the defendant makes must be voluntary on his or her part and not the resultof undue influence or coercion on the part of anyone.
The defendant has a right to bail, if the offense is bailable, and the amount of bail thathas been set by the court.
The defendant has a right to a jury trial.
The nature of the charges against the defendant.
(2) The court shall not accept a plea of guilty or nolo contendere (no contest) without first determining that the defendant is advised of all the matters set forth in subsection (1) of this section and also determining:
That the defendant understands the nature of the charge and the elements of theoffense to which he is pleading and the effect of his plea;
That the plea is voluntary on defendant's part and is not the result of undue influenceor coercion on the part of anyone;
That he understands the right to trial by jury;
That he understands the possible penalty or penalties and the possible places of incarceration;
That the defendant understands that the court will not be bound by any representations made to the defendant by anyone concerning the penalty to be imposed or the granting or the denial of probation, unless the representations are included in a formal plea agreement approved by the court and supported by the findings of the presentence report, if any; and
That there is a factual basis for the plea. If the plea is entered as a result of a pleaagreement, the court shall explain to the defendant and satisfy itself that the defendant understands the basis for the plea agreement, and the defendant may then waive the establishment of a factual basis for the particular charge to which he pleads guilty.
(3) This section applies to prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited and for which a court shall not issue a bench warrant, including a warrant for failure to appear.
Source: L. 72: R&RE, p. 222, § 1. C.R.S. 1963: § 39-7-207. L. 90: (1)(c) amended, p. 1039, § 2, effective July 1. L. 92: (1)(c) amended, p. 465, § 1, effective July 1. L. 2013: (1) amended, (HB 13-1210), ch. 306, p. 1623, § 2, effective January 1, 2014. L. 2016: (3) added, (HB 16-1309), ch. 366, p. 1541, § 3, effective (see editor's note). L. 2017: (3) amended, (HB 171083), ch. 128, p. 438, § 1, effective July 1, 2018 (see editor's note).
Editor's note: The effective date of subsection (3) was changed from May 1, 2017, to July 1, 2018, by H.B. 17-1316. (See L. 2017, p. 607.)
Cross references: For the legislative declaration in HB 16-1309, see section 1 of chapter 366, Session Laws of Colorado 2016.