Section 35-35-1-2 - Guilty plea; advisement of rights(a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the defendant: (1) understands the nature of the charge against the defendant;(2) has been informed that by the defendant's plea the defendant waives the defendant's rights to:(A) a public and speedy trial by jury;(B) confront and cross-examine the witnesses against the defendant;(C) have compulsory process for obtaining witnesses in the defendant's favor; and(D) require the state to prove the defendant's guilt beyond a reasonable doubt at a trial at which the defendant may not be compelled to testify against himself or herself;(3) has been informed of the maximum possible sentence and minimum sentence for the crime charged and any possible increased sentence by reason of the fact of a prior conviction or convictions, and any possibility of the imposition of consecutive sentences; (4) has been informed that the person will lose the right to possess a firearm if the person is convicted of a crime of domestic violence (IC 35-31.5-2-78); and(5) has been informed that if: (A) there is a plea agreement as defined by IC 35-31.5-2-236; and(B) the court accepts the plea; the court is bound by the terms of the plea agreement at the time of sentencing and with respect to sentence modification under IC 35-38-1-17.
(b) A defendant in a misdemeanor case may waive the rights under subsection (a) by signing a written waiver.(c) Any variance from the requirements of this section that does not violate a constitutional right of the defendant is not a basis for setting aside a plea of guilty.Amended by P.L. 45-2018,SEC. 1, eff. 7/1/2018.Amended by P.L. 114-2012, SEC. 73, eff. 7/1/2012.As added by Acts1981 , P.L. 298, SEC.4. Amended by P.L. 179-1984, SEC.1; P.L. 313-1985, SEC.1; P.L. 195-2003, SEC.3.