§ 14.03. Trial upon plea of guilty or waiver of indictment, presentment of grand jury investigation and jury trial.  


Latest version.
  • The court is hereby vested with jurisdiction and authority to try and determine and render final judgment in all misdemeanor cases brought before it either by warrant or information wherein the person charged with such misdemeanor offense enters a plea of guilty or requests a trial upon the merits, or expressly waives an indictment, presentment of a grand jury investigation and a jury trial. In any such case, the trial is presented before the judge without the intervention of a jury. It shall be the mandatory duty of the judge of said metropolitan general sessions court when a defendant is brought before the court upon arraignment or trial to advise such defendant of his or her constitutional rights to the aid of counsel, the right to be tried only upon presentment or indictment preferred by a grand jury, the right to make a statement in reference to the accusation or the right to waive such statement, and the right to a trial by jury. Upon defendant agreeing in writing to waive the right to be put to trial only by presentment or indictment preferred by a grand jury and the right to a trial by jury of his or her peers, the court may proceed to hear and determine said case as provided hereinabove. Said waiver shall be written on or attached to the warrant stating in words and figures as follows:

    The defendant . . . . . . . pleads. . . . . . guilty to the offense of . . . . . . . . . . . and waives his or her right to be tried only by indictment or presentment preferred by a Grand Jury, and likewise waives a trial by a jury of his or her peers.

    . . . . . . . . . . . . . . . . . . . .

(Res. No. 65-671, § 1, 7-20-65; Res. No. 71-1222, § 1, 8-5-71; amended by referendum election of November 6, 2018, Amdt. 6)