Guam § 60 - Advice to Defendant Upon Plea of Guilty or “Nolo.”

§ 60. Advice to Defendant Upon Plea of Guilty or “Nolo.”

The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant

personally in open court, informing him of and determining that he understands the following:

(a) the nature of the charge to which the plea is offered;

(b) that the defendant has the right to plead not guilty, or to persist in that plea if it has already

been made;

(c) that if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that

by pleading guilty or nolo contendere he waives the right to a trial; and

(d) the maximum possible penalty provided by law for the offense to which the plea is offered

including that possible from the imposition of an extended term pursuant to §§ 80.38 and 80.40 of the

Criminal and Correctional Code.

COL 2026-04-23

CH. 60 ARRAIGNMENT: PLEAS

NOTE: Sections 60.50 and 60.60 supersede the second sentence of former § 995 and former Rule 11. Section 60.50 is

based on proposed Rule 11(c) of the Federal Rules of Criminal Procedure and ABA, Project on Minimum Standards

for Criminal Justice Pleas of Guilty § 1.4 (Approved draft 1968). See discussion id., at 25-29. See generally 8 Moore,

Federal Practice ¶¶11.01-11.03 (1974).

No attempt is made here to state what consideration, if any, should be given to a guilty plea in making sentencing

determinations.