Rule 33.8.Defendant to Be Informed

Rule 33. PLEADING BY DEFENDANT · Last amended 2015 · Last verified July 17, 2026

In one sentenceRule 33.8 lists what a judge should confirm and disclose on the record before accepting a guilty or nolo plea — that the defendant understands the charges, is giving up specific trial rights, has counsel or has knowingly waived it, and knows the deal’s content, the immigration risk, and the maximum and mandatory minimum sentence exposure.

Full Text of Rule 33.8

Text sizeJump to: (1) (2) (3) (4) (5) (6) (7)

The judge should not accept a plea of guilty or nolo contendere from a defendant without first:

(A) Determining on the record that the defendant understands the nature of the charge(s);

(B) Informing the defendant on the record that by entering a plea of guilty or nolo contendere one waives:

(1) the right to trial by jury;

(2) the presumption of innocence;

(3) the right to confront witnesses against oneself;

(4) the right to subpoena witnesses;

(5) the right to testify and to offer other evidence;

(6) the right to assistance of counsel during trial;

(7) the right not to incriminate oneself; and that by pleading not guilty or remaining silent and not entering a plea, one obtains a jury trial;

(C) Where a defendant is not represented by counsel, informing the defendant of his right to be assisted by counsel in entering the plea, as well as at trial, and that the defendant is knowingly and voluntarily waiving that right; and

(D) Informing the defendant on the record:

(1) of the terms of any negotiated plea;

(2) that a plea of guilty may have an impact on his or her immigration status if the defendant is not a citizen of the United States;

(3) of the maximum possible sentence on the charge, including that possible from consecutive sentences and enhanced sentences where provided by law; and/or

(4) of the mandatory minimum sentence, if any, on the charge.

This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these.

Plain-English Summary

Rule 33.8 is the checklist a judge should work through before taking a guilty or nolo plea. First comes understanding: the judge should confirm, for the record, that the defendant grasps what he or she stands accused of.

Next the judge should walk through everything a guilty or nolo plea gives up: a jury deciding the case, starting from a presumption that the defendant did nothing wrong, cross-examining the witnesses lined up against him or her, compelling defense witnesses to appear, taking the stand or offering evidence, having a lawyer present at trial, and never being made to say anything that could be held against the defendant. The judge should also make clear that choosing not guilty, or choosing to say nothing rather than plead, keeps a jury trial available.

For a defendant without a lawyer, the judge should add one more layer: explaining the right to counsel both for the plea and at trial, and confirming that giving up that right is knowing and voluntary. And the judge should cover what any negotiated deal contains, warn a non-citizen defendant that a guilty plea can affect immigration status, and state how high the sentence could go — including what consecutive sentences and any legally available enhancements could add up to — along with any mandatory floor. The judge, the prosecutor, or defense counsel can supply this information, alone or together, so long as it ends up on the record. Falling short of this checklist is a serious departure from what the rule expects, even though each step is framed as something the judge should do rather than as an absolute command.

Frequently Asked Questions

What must a judge confirm before accepting a guilty plea under Rule 33.8?

That the defendant grasps what he or she stands accused of, confirmed on the record.

What rights does a defendant give up by pleading guilty, according to Rule 33.8?

A jury trial, the presumption that the defendant is innocent, the chance to cross-examine the state’s witnesses, the power to compel defense witnesses, the choice to testify or offer evidence, having a lawyer at trial, and freedom from being made to incriminate oneself.

Should the judge warn a defendant about immigration consequences of a guilty plea?

Yes, as part of the checklist Rule 33.8(D)(2) sets out: the judge should tell a defendant who is not a United States citizen, on the record, that pleading guilty could affect that person’s immigration status. The rule frames this as guidance the judge should follow before accepting the plea rather than as a separate mandatory command, though skipping it departs from what the rule expects.

Does the judge have to state the maximum possible sentence before accepting a plea?

Yes, and that figure has to account for what consecutive sentences and any legally available sentence enhancements could add up to.

Who can provide the required plea information to the defendant?

Any of the three — the judge, the prosecutor, or defense counsel — can supply it, alone or together, as long as it lands on the record.

Amendment History

Amended effective March 22, 2001; amended effective December 10, 2015.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

Also known as: Georgia plea colloquy rights waivedUSCR 33.8rights given up by guilty plea Georgiaimmigration consequences guilty plea Georgia rulemaximum sentence disclosure before plea Georgiamandatory minimum sentence plea Georgia Superior Court