STATE OF SOUTH CAROLINA	)	IN THE MAGISTRATE/MUNICIPAL COURT
CITY/COUNTY OF	)	OF THE CITY/COUNTY OF
)
CITY/COUNTY OF	)
)	AFFIDAVIT/CERTIFICATION OF GUILTY PLEA
v.	)	(In Re: Summary Court Pleas, Sup. Ct. Order 5/7/2020)
)	Ticket/Warrant No.
)
DEFENDANT	)

I, , SWEAR, AFFIRM OR CERTIFY THE FOLLOWING:

1. I am the Defendant in this criminal case.

2. I am not under the influence of any medication, drugs or alcohol.

3. I am not mentally ill or mentally incompetent.

4. I am represented in this matter by an attorney who has explained to me and advised me concerning this agreement to plead guilty by affidavit/certification without a hearing before the court. My attorney is .

5. I understand that I have the following constitutional rights listed below and I further understand that by my plea I will waive, forfeit and/or give-up the following constitutional rights:

a. The right to remain silent. I understand that I cannot be compelled to testify against myself.

b. The right to a jury trial and the right to have a jury of six (6) citizens of the City / County of decide whether I am guilty beyond a reasonable doubt of the charge(s) pending against me. I understand that the jury would have to base their decision upon evidence which the City / County presents and any evidence that I would wish to introduce. I understand that at trial I would be presumed innocent and the City / County would have to produce evidence that would convince all six (6) members of the jury of my guilt beyond a reasonable doubt.

c. I understand that at trial I would have the right to confront and be confronted by the witnesses against me, that is, the right to see, hear and cross-examine any witnesses called against me and the right to subpoena and call witnesses on my own behalf.

6. My attorney, , has explained and I understand the nature and elements of the charge(s) against me and of the potential penalties and consequences of my plea.

7. My attorney, , has explained and I understand that entering a plea of guilty by this affidavit waives any further hearing(s) on the charges.

8. I understand that by my plea I will waive, forfeit and/or give-up any defense(s) I may have to the charge(s). I also understand that by my plea I will waive, forfeit and/or give-up the right to contest or challenge the admissibility of any statement(s) that I may be alleged to have made.

9. I understand that I am entering a plea of guilty by this agreement on an emergency basis during the COVID-19 pandemic and that my ability to enter a guilty plea by affidavit/certification rather than during a court hearing is only available while the Order of the Supreme Court authorizing a plea of guilty by affidavit/certification dated May 7, 2020, remains in effect.

10. I hereby enter a plea of guilty to the charge of . I understand that either: 1) my attorney and the prosecutor/ a law enforcement officer authorized to prosecute this matter have agreed that the recommended sentence will not result in jail time, or 2) a penalty for the charge pending against me does not include a possibility of jail time. I further understand that the prosecutor/ a law enforcement officer authorized to prosecute this matter will recommend the following sentence: , to be paid to the Municipal / Magistrate Court. I also understand that, as a result of my plea to the above charge, my charge for , Ticket/Warrant No. , will be dismissed. I further understand that my presence in court will not be required to enter this plea; that, by my authorization, I will be found guilty of .

11. I understand that my guilty plea can be used to impose higher, enhanced penalties for committing an offense in the future, and can include collateral consequences (i.e. suspension of driver's license).

12. I have not been promised anything except the above plea agreement. I also state that I have not been threatened, forced or coerced into entering into this plea agreement.

13. I have reviewed this matter completely with my attorney and am satisfied in the manner in which my attorney has advised and represented me.

BY SIGNING BELOW, I understand, accept and agree to the terms, statements and conditions contained in this Affidavit/Certification of Guilty Plea.

Defendant

SWORN to and subscribed before me

This day of , 20 .

_____________________ _________

Notary Public for South Carolina

My commission expires:

In light of the coronavirus emergency, the following certification may be used in place of appearing before a notary:

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by contempt.

Signature
Print or Type Name

Date:

STATE OF SOUTH CAROLINA	)	IN THE MAGISTRATE/MUNICIPAL COURT
CITY/COUNTY OF	)	OF THE CITY/COUNTY OF
)
CITY/COUNTY OF	)
)	AFFIDAVIT/CERTIFICATION OF GUILTY PLEA
v.	)	(In Re: Summary Court Pleas, Sup. Ct. Order 5/7/2020)
)	Ticket/Warrant No.
)
DEFENDANT	)

STATE OF SOUTH CAROLINA	)
)	DEFENSE AFFIDAVIT/CERTIFICATION
COUNTY OF	)	(In Re: Summary Court Pleas, Sup. Ct. Order)

I, , an attorney licensed to practice in the state of South Carolina, acknowledge and affirm or certify that I represent the above-named defendant in this action, that I have explained to the defendant his/her constitutional rights, that I have explained to the defendant and believe that defendant understands that signing the plea affidavit waives the constitutional rights explained, and that I have explained to the defendant that the prosecutor in this action and I have discussed and agreed to the recommended sentence to be imposed upon defendant’s guilty plea which shall not include jail time.

(Name)
(Firm)
SWORN to and subscribed before me
(Address)
This day of , 20 .

_____________________ _________

Notary Public for South Carolina

My commission expires:

In light of the coronavirus emergency, the following certification may be used in place of appearing before a notary:

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by contempt.

Signature
Print or Type Name

Date:

STATE OF SOUTH CAROLINA	)	IN THE MAGISTRATE/MUNICIPAL COURT
CITY/COUNTY OF	)	OF THE CITY/COUNTY OF
)
CITY/COUNTY OF	)
)	AFFIDAVIT/CERTIFICATION OF GUILTY PLEA
v.	)	(In Re: Summary Court Pleas, Sup. Ct. Order 5/7/2020)
)	Ticket/Warrant No.
)
DEFENDANT	)

STATE OF SOUTH CAROLINA	)
)	PROSECUTION AFFIDAVIT/CERTIFICATION
COUNTY OF	)	(In Re: Summary Court Pleas, Sup. Ct. Order)

I, , an attorney licensed to practice in the state of South Carolina/a law enforcement officer authorized to prosecute this matter, acknowledge, affirm and/or certify that I represent the City / County in this action, that I have complied with the Victims’ Bill of Rights pursuant to Article I, Section 24 of the South Carolina Constitution, and that the attorney for the defendant in this action and I have discussed and the defendant, upon advice of his/her attorney, has agreed to the recommended sentence to be imposed upon defendant’s guilty plea, which shall not include jail time.

(Name)
(Firm)
SWORN to and subscribed before me
(Address)
This day of , 20 .

_____________________ _________

Notary Public for South Carolina

My commission expires:

In light of the coronavirus emergency, the following certification may be used in place of appearing before a notary:

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by contempt.

Signature
Print or Type Name
Date:

SCCA/656 (5/2020)

STATE OF SOUTH CAROLINA

Paulab

2020-04-28

Baughman, Michelle

City of Rock Hill