Does the statutory admonition given to a defendant in a criminal case need to be given orally?

California, United States of America


The following excerpt is from People v. Quesada, 230 Cal.App.3d 525, 281 Cal.Rptr. 426 (Cal. App. 1991):

Nor need the statutory admonition be given orally. It is sufficient if, as here, the advice is recited in a plea form and the defendant and his counsel are questioned concerning that form to ensure that defendant actually read and understands it. Our conclusion is fortified by case law rulings that a court may discharge its duty to ensure a defendant in a criminal case is made aware of his or her constitutional rights before accepting a guilty plea (see In re Tahl (1969) 1 Cal.3d 122, 132, 81 Cal.Rptr. 577, 460 P.2d 449) by employing a properly executed waiver form. (In re Ibarra (1983) 34 Cal.3d 277, 193 Cal.Rptr. 538, 666 P.2d 980.) Even in such cases, where "[w]hat is at stake for an accused facing death or imprisonment demands the utmost solicitude of which courts are capable" (Boykin v. Alabama (1969) 395 U.S. 238, 243-244, 89 S.Ct. 1709, 1712, 23 L.Ed.2d 274, 280), a plea form is sufficient (In re Ibarra, supra, 34 Cal.3d 277, 286, 193 Cal.Rptr. 538, 666 P.2d 980).

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