Form JV-005 "Tender of Plea or Admission & Waiver of Rights" - Massachusetts

What Is Form JV-005?

This is a legal form that was released by the Massachusetts Juvenile Court Department - a government authority operating within Massachusetts. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on November 9, 2020;
  • The latest edition provided by the Massachusetts Juvenile Court Department;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form JV-005 by clicking the link below or browse more documents and templates provided by the Massachusetts Juvenile Court Department.

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Download Form JV-005 "Tender of Plea or Admission & Waiver of Rights" - Massachusetts

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DOCKET NO.
Trial Court of Massachusetts
TENDER OF PLEA OR ADMISSION
Juvenile Court Department
& WAIVER OF RIGHTS
NAME OF CHILD/DEFENDANT
DIVISION
SECTION I
TENDER OF PLEA OR ADMISSION
DELINQUENT/YOUTHFUL OFFENDER PLEA
GUILTY PLEA
(circle one)
(ADULT ONLY)
ADMISSION TO FACTS SUFFICIENT FOR AN ADJUDICATION OF
CONDITIONAL PLEA PURSUANT TO RULE 12(b)(6)
DELINQUENT/YOUTHFUL OFFENDER or FINDING OF GUILTY
(must be accompanied by a Written Agreement Between
(circle one)
the Parties Pursuant to a Conditional Tender of Plea JV-170)
BINDING PLEA WITH CHARGE CONSESSION PURSUANT TO RULE
12(b)(5)(A)
CHILD'S/DEFENDANT'S
PROSECUTOR'S
JUDGE'S DISPOSITION
*
RECOMMENDATION(S)
(Upon rejecting a binding plea or non-binding
RECOMMENDATION(S)
CHARGE
recommendation)
(Required when Prosecutor disagrees with
(Include all fees, costs, and conditions of
child's/defendant's terms)
probation)
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
*
Check "Yes" if Prosecutor agrees - "No" if Prosecutor disagrees
SIGNATURE OF DEFENSE COUNSEL
DATE
SIGNATURE OF PROSECUTOR
DATE
X
X
THE COURT
ACCEPTS CHILD'S/DEFENDANT'S TENDER
REJECTS CHILD'S/DEFENDANT'S TENDER
DATE
SIGNATURE OF JUDGE
X
CHILD'S/DEFENDANT'S DECISION WHEN COURT REJECTS DEFENDANT'S RECOMMENDATION:
Child/Defendant WITHDRAWS the tendered plea or
Child/Defendant ACCEPTS judge's disposition set forth
admission
above
JV-005 (Rev. 11/09/2020)
DOCKET NO.
Trial Court of Massachusetts
TENDER OF PLEA OR ADMISSION
Juvenile Court Department
& WAIVER OF RIGHTS
NAME OF CHILD/DEFENDANT
DIVISION
SECTION I
TENDER OF PLEA OR ADMISSION
DELINQUENT/YOUTHFUL OFFENDER PLEA
GUILTY PLEA
(circle one)
(ADULT ONLY)
ADMISSION TO FACTS SUFFICIENT FOR AN ADJUDICATION OF
CONDITIONAL PLEA PURSUANT TO RULE 12(b)(6)
DELINQUENT/YOUTHFUL OFFENDER or FINDING OF GUILTY
(must be accompanied by a Written Agreement Between
(circle one)
the Parties Pursuant to a Conditional Tender of Plea JV-170)
BINDING PLEA WITH CHARGE CONSESSION PURSUANT TO RULE
12(b)(5)(A)
CHILD'S/DEFENDANT'S
PROSECUTOR'S
JUDGE'S DISPOSITION
*
RECOMMENDATION(S)
(Upon rejecting a binding plea or non-binding
RECOMMENDATION(S)
CHARGE
recommendation)
(Required when Prosecutor disagrees with
(Include all fees, costs, and conditions of
child's/defendant's terms)
probation)
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
*
Check "Yes" if Prosecutor agrees - "No" if Prosecutor disagrees
SIGNATURE OF DEFENSE COUNSEL
DATE
SIGNATURE OF PROSECUTOR
DATE
X
X
THE COURT
ACCEPTS CHILD'S/DEFENDANT'S TENDER
REJECTS CHILD'S/DEFENDANT'S TENDER
DATE
SIGNATURE OF JUDGE
X
CHILD'S/DEFENDANT'S DECISION WHEN COURT REJECTS DEFENDANT'S RECOMMENDATION:
Child/Defendant WITHDRAWS the tendered plea or
Child/Defendant ACCEPTS judge's disposition set forth
admission
above
JV-005 (Rev. 11/09/2020)
SECTION II
CHILD'S/DEFENDANT'S NOTICE OF RIGHTS (Mass. R. Crim. P. 12 & G.L. c. 278, § 29D)
A child/defendant has the right to be tried by a jury, or by a judge without a jury, on these charges. The jury would consist of six or twelve
jurors chosen at random from the community, and the child/defendant may participate in selecting those jurors, who would determine
unanimously whether the child/ defendant was delinquent/a youthful offender/guilty or not guilty. By entering a plea of delinquent/youthful
offender/guilty or admission, the child/defendant waives the right to confront, cross-examine, and compel the attendance of witnesses; to
present evidence in their defense; to remain silent and refuse to testify or provide evidence against themselves, all with the assistance of a
defense attorney; and to be presumed innocent until proven delinquent/youthful offender/guilty by the prosecution beyond a reasonable
doubt.
A child/defendant has the right to be aware of (1) the nature and elements of the charge(s) to which they are entering a delinquent/youthful
offender/guilty plea or admission and (2) the range of the possible commitments or sentence(s).
If the child/defendant is not a citizen of the United States, the acceptance by the Court of a plea of delinquent/youthful offender/guilty, plea of
nolo contendere, or admission to sufficient facts may have consequences of deportation, exclusion from or admission to the United States,
or denial of naturalization, pursuant to the laws of the United States.
SECTION III
DEFENSE COUNSEL'S CERTIFICATE (G.L. c. 119, § 55A, G.L. c. 218, § 26A)
As required by G.L. c. 119, § 55A, G.L. c. 218, § 26A, I certify that as legal counsel for the child/defendant in this case, I have explained to
the child/defendant the above-stated provisions of law regarding the child's/defendant's waiver of jury trial and other rights so as to enable the
child/defendant to tender his or her plea of delinquent/youthful offender/guilty or admission knowingly, intelligently and voluntarily.
SIGNATURE OF DEFENSE COUNSEL
B.B.O. NO.
DATE
X
SECTION IV
JUDGE'S CERTIFICATION
Plea/admission taken by videoconference. All parties were able to see and hear one another. I certify that I advised the child/defendant of
his/her right to be physically present for this hearing and that the child/defendant knowingly, intelligently, and voluntarily waived that right
after being so advised.
An interpreter was used during the colloquy and confirmed on the record that the Notice of Rights in Section II was translated to the child/
defendant.
I, the undersigned Justice of the Juvenile Court, addressed the child/defendant directly in open court. I made appropriate inquiry into the
education and background of the child/defendant and am satisfied that he or she fully understands all of his or her rights as set forth in
Section II of this form, and that he or she is not under the influence of any drug, medication, liquor or other substance that would impair his
or her ability to fully understand those rights. I find, after an oral colloquy with the child/defendant that the child/defendant has knowingly,
intelligently and voluntarily waived all of his or her rights as explained during these proceedings and as set forth in this form.
After a hearing, I have found a factual basis for the charge(s) to which the child/defendant is pleading delinquent/youthful offender/guilty or
admitting and I have found that the facts as related by the prosecution and admitted by the child/defendant would support an adjudication/a
conviction on the charges to which the plea or admission is made.
I further certify that the child/defendant was informed and advised that if he or she is not a citizen of the United States, an adjudication of
delinquent or youthful offender, finding of guilt or admission to sufficient facts, of the offense(s) with which he or she was charged, may
have the consequences of deportation, exclusion from admission to the United States or denial of naturalization, pursuant to the laws of
the United States. G.L. c. 278, § 29D and Mass. R. Crim. P. 12.
DATE
SIGNATURE OF JUDGE
X
JV-005 (Rev. 11/09/2020)
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