You think I want to go back to that place after all the trouble they got me into?
That’s not what I asked you.
All right, yes, I accept them. Yes, I’m not going back there again and I won’t contact those kids no more. Does that suit you? What else have you got to say?
Before you’re released the judge will set a period of probation.
How long is that going to be?
A year, maybe two. That’s one possibility. The positive for you in this option is that you’ll be getting out of jail today. The negative is that if you violate your probation you’ll potentially receive a flat jail sentence because of it. Do you understand what I’ve said so far?
Yeah. What else?
Then there’s the other possibility. The charge could be reduced to attempt to commit child abuse. If you accept this option you leave the sentencing to the judge. The positive here for you is that if you violate your probation you’d probably have less jail time in the future. The negative is that you might not get out of jail today. Depending on what sentence the judge hands down.
She stopped and looked at him.
What? he said.
You understand what I’ve just told you.
It’s not that difficult. I got it.
Which option do you want me to negotiate?
I already said what I want. I want out of jail today.
Then you enter a plea of guilty. And you sign this form I’ll give you.
I have to sign something?
You need to commit yourself before we go into court.
She removed two sheets of paper from his file and turned the top sheet so they could both see it, then leaned over and began to read each section aloud, looking up at him frequently as she went through them. The Advisement Per Colorado Rule of Criminal Procedure, Rules Five and Eleven, Plea of Guilty stated his rights and the terms he would agree to in waiving his right to a trial, made sure that he understood the elements of the offense, that he was entering a guilty plea voluntarily, and that he wasn’t under the influence of drugs or alcohol.
Those are the terms, she said. If you understand the terms and agree to them, you sign it.
What’s that other paper you’ve got there?
Standard Conditions.
What’s that?
It’s a list of conditions you’ll be expected to adhere to while you’re on probation.
Like what?
She read through these aloud too. Sixteen conditions saying he would not violate any law or harass any prosecution witness, that he’d maintain a permanent residence, that he wouldn’t leave the state of Colorado without permission, that he’d get a job or at least try to get one, that he wouldn’t use alcohol to excess or other dangerous drug.
I don’t have to sign that?
No, there’s nothing here to sign. This is simply for your information, so you can make an informed decision. You only have to know about it and understand it.
Okay.
Then you’re ready to sign this form of Advisement?
If it gets me out of here, I’ll sign anything.
No. Now wait a minute, she said. You’re not signing just anything. You have to understand exactly what you’re signing.
I understand that. Give me your pen.
You’re sure.
You want me to sign this thing, don’t you.
That’s entirely up to you.
You going to let me use that pen or not? I don’t have one of my own. They’re afraid I’m going to stab somebody.
She handed him the pen and he looked at her and then ducked his head over the paper and printed and signed his name on the two lines and wrote the date beside them. There you go, he said. He pushed the paper across the table.
She took up both sheets of paper and put them in his folder.
What am I suppose to do now?