Family delinquency Rules
Rule 8.
Rule 8.
Pleas
8.01 ApplicationSubdivision 1. Juvenile Petty and Traffic Proceedings.Pleas in juvenile petty or juvenile traffic proceedings are governed by Rule 17.06.Subd. 2.Extended Jurisdiction Juvenile Proceedings.Pleas in extended jurisdiction juvenile proceedings are governed by Rule 19.10, subdivision 5, and Minn. R. Crim. P. 15.Subd. 3.Competency Proceedings.Any child subject to competency proceedings pursuant to Rule 20 shall not be permitted to enter a plea until the court determines that the child is competent.
(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective for all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight January 1, 2007.)
8.02 GenerallyIf the child pleads not guilty to charges alleged in the charging document, the court shall conduct proceedings in accordance with Rules 9 through 16. If the child remains silent when confronted with charges, or if the court refuses to accept a guilty plea by the child, the court shall proceed in the same manner as if the child pled not guilty.
(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)
8.03 Plea of Not Guilty Without AppearanceExcept when the child is in detention, the court may permit a written plea of not guilty or a plea of not guilty on the record to be entered by child’s counsel without the personal appearance of the child, child’s parent(s), legal guardian or legal custodian or their counsel. The child’s counsel shall immediately furnish a copy of the written plea of not guilty to the prosecuting attorney.
(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective December 1, 2012; amended effective July 1, 2015).
8.04 Plea of GuiltySubdivision 1. Waiver of Right to Trial.The court shall not accept a child’s plea of guilty until first determining, the following, under the totality of the circumstances, and based on the child’s statements, whether on the record or contained in a written document signed by the child and the child’s counsel:(A) Charges in Charging Document; Factual Basis for Plea. That the child understands the charges stated in the charging document, and the essential elements of each charge, and that there is a factual basis for the guilty plea;(B) Right to Trial. That the child understands the child’s right to have a trial, that is, to require proof of all elements of each offense stated in the charging document, and that this includes an understanding of the following related rights:(1) the right to be presumed innocent of each charge until and unless the petitioner succeeds in proving beyond a reasonable doubt that the child is guilty;(2) the right to remain silent during trial proceedings if the child wishes and the right of the child to testify on the child’s own behalf if the child wants to;(3) the right to call witnesses to testify on the child’s behalf, including the right to use court subpoenas to require that witnesses for the child attend the trial; and(4) the right to hear the testimony of all witnesses called by the prosecuting attorney, and to cross-examine these witnesses;(C) Dispositions. That the child understands the powers of the court to make a disposition if the court finds that the allegations in the charging document are proved, including the child’s understanding that:(1) the court’s powers range up to the most severe step of placing custody of the child in an institution;(2) the court’s disposition could be for a duration ranging upward to the time the child attains age 19;(3) the court can modify an initial disposition, even repeatedly, for a term ranging up to the time the child attains age 19; and(4) the child understands the potential future consequences if the court finds that the allegations in the charging document are proved, including the child’s understanding of:(a) the effect of the finding on sentencing of the child if the child, when an adult, is convicted of an adult offense; and(b) the effect of the finding in the event the child commits any further offenses while a juvenile, including the prospects for certification of the child for an adult court prosecution or for prosecution in juvenile court as an extended jurisdiction juvenile;(D) Right to Counsel. If a child charged with a misdemeanor in a delinquency matter remains without counsel or with only standby counsel, that the child understands the continued right to be represented by counsel, and understands that counsel:(1) could give the child further information and advice on the child’s rights and on the choice to plead guilty or not guilty to the offense(s) in the charging document; and(2) could assist the child during a trial, to protect all rights of the child that arise in the course of a trial;(E) Free Choice. That any plea of guilty is made freely, and that no one has made either threats or promises to the child to encourage a plea of guilty other than those that the parties have disclosed to the court; and(F) No Claim of Innocence. That the child is not making any claim of innocence.Subd. 2.Withdrawal of Plea.The child may, on the record or by written motion filed with the court, request to withdraw a plea of guilty. The court may allow the child to withdraw a guilty plea:(A) before disposition, if it is fair and just to do so, giving due consideration to the reasons the child gives and any prejudice that withdrawal of the plea would cause because of actions taken in reliance on the child’s plea; or(B) at any time, upon showing that withdrawal is necessary to correct a manifest injustice.Subd. 3.Plea to a Lesser Offense or a Different Offense.With the consent of the prosecuting attorney and the approval of the court, the child shall be permitted to enter:(A) a plea of guilty to a lesser included offense or to an offense of lesser degree, or(B) a plea of guilty to a different offense than alleged in the original charging document.A plea of guilty to a lesser included offense or to an offense of lesser degree may be entered without an amendment of the charging document. If a plea to a different offense is accepted, the charging document must be amended on the record or a new charging document must be filed with the court.Subd. 4.Acceptance or Nonacceptance of Plea of Guilty.The court shall make a finding within fifteen (15) days of a plea of guilty:(A) that the plea has been accepted and allegations in the charging document have been proved; or(B) that the plea has not been accepted.Subd. 5.Future Proceedings.If the court accepts a plea of guilty and makes a finding that the allegations in the charging document are proved, the court shall schedule further proceedings pursuant to Rules 14 and 15.
*(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective for all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight July 1, 2004; amended effective July 1, 2015.)*Comment–Rule 8It is also desirable that the child be asked to acknowledge by signing the plea petition that the child has read the questions set forth in the petition or that they have been read to the child; that the child understands them; that the child gave the answers set forth in the petition; and that they are true. Suggested forms of the plea petition are appended to the rules.