Indiana Code

Ind. Code § 35-35-1-2 (2026)

Guilty plea; advisement of rights

✓ current as of May 2026

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Sec. 2. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the defendant:

(1) understands the nature of the charge against the defendant;

(2) has been informed that by the defendant's plea the defendant waives the defendant's rights to:

(A) a public and speedy trial by jury;

(B) confront and cross-examine the witnesses against the defendant;

(D) require the state to prove the defendant's guilt beyond a reasonable doubt at a trial at which the defendant may not be compelled to testify against himself or herself;

(3) has been informed of the maximum possible sentence and minimum sentence for the crime charged and any possible increased sentence by reason of the fact of a prior conviction or convictions, and any possibility of the imposition of consecutive sentences;

(4) has been informed that the person will lose the right to possess a firearm if the person is convicted of a crime of domestic violence (IC 35-31.5-2-78); and

(5) has been informed that if:

(A) there is a plea agreement as defined by IC 35-31.5-2-236; and

(B) the court accepts the plea;

the court is bound by the terms of the plea agreement at the time of sentencing and with respect to sentence modification under IC 35-38-1-17.

(b) A defendant in a misdemeanor case may waive the rights under subsection (a) by signing a written waiver.

(c) Any variance from the requirements of this section that does not violate a constitutional right of the defendant is not a basis for setting aside a plea of guilty.

As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.179-1984, SEC.1; P.L.313-1985, SEC.1; P.L.195-2003, SEC.3; P.L.114-2012, SEC.73; P.L.45-2018, SEC.1.

Notes of Decisions

Cited in 168 cases (8 in the last 5 years), 1983–2026 · leading case: White v. State, 497 N.E.2d 893 (Ind. 1986).

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White v. State, 497 N.E.2d 893 (Ind. 1986). · cites it 36× “This section had been repealed; the legislation enacted in its place is Ind. Code § 35-35-1-2 (Burns 1983 Supp.).”

Hopper v. State, 957 N.E.2d 613 (Ind. 2011). · cites it 18× “Ind. Code § 35-35-1-2 (2008). These requirements include determining that the defendant understands the nature of the *620 charges to which he is pleading, understands that by pleading guilty he waives certain trial-related rights, and understands the range of punishments he…”

Hunt v. State, 487 N.E.2d 1330 (Ind. Ct. App. 1986). · cites it 52× “*1332 1985) or Ind. Code Ann. § 35-35-1-2 (a) [3] (Burns Supp.”

Lineberry v. State, 747 N.E.2d 1151 (Ind. Ct. App. 2001). · cites it 10× “See Ind. Code § 35-35-1-2 ; Parker v. State, 542 N.”

Butler v. State, 658 N.E.2d 72 (Ind. 1995). · cites it 8× “Moreover, Section 35-35-1-2 also instructs the court to perform certain acts which ensure the protection of the defendant's constitutional rights.”

Weatherford v. State, 697 N.E.2d 32 (Ind. 1998). · cites it 12× “See Ind. Code Ann. § 35-35-1-2 (West 1998); Ind.”

Trujillo v. State, 962 N.E.2d 110 (Ind. Ct. App. 2011). · cites it 6× “A petitioner who claims that his plea was involuntary and unintelligent but can only establish that the trial court failed to give an advisement in accordance with Ind.Code Ann. § 35-35-1-2 (West, West-law through end of 2011 1st Regular Sess.”

State v. Moore, 678 N.E.2d 1258 (Ind. 1997). · cites it 4× “Indiana Code § 35-35-1-2 requires the court accepting the guilty plea to determine that the defendant: (1) understands the nature of the charges; (2) has been informed that a guilty plea effectively waives several constitutional rights, including trial by jury, confrontation of…”

Fisher v. State, 878 N.E.2d 457 (Ind. Ct. App. 2007). · cites it 4× “Ind.Code § 35-35-1-2. The failure of the trial court to advise the defendant of any of these circumstances will warrant reversal only when a defendant shows prejudice.”

Austin v. State, 468 N.E.2d 1027 (Ind. 1984). · cites it 6× “71, now codified at Ind. Code § 35-35-1-2 (Burns Supp. 1984) and effective February 29, 1984, on the guilty plea statute and the review of guilty pleas.”

Graves v. State, 823 N.E.2d 1193 (Ind. 2005). · cites it 3× “Not long thereafter, we implicitly overruled Zimmerman's holding that a plea must be vacated if reconstruction of the record is not possible.”

Holliday v. State, 498 N.E.2d 1239 (Ind. 1986). · cites it 10× “Defendant contends that his plea of guilty should be vacated because the trial court, at sentencing, failed to strictly comply with Ind. Code § 35-35-1-2 by informing him that if the court accepted the plea, it was bound by the terms of the plea agreement.”

Show all 168 citing cases →

— Ind. Code § 35-35-1-2(a) — 34 cases

White v. State, 497 N.E.2d 893 (Ind. 1986). “This section had been repealed; the legislation enacted in its place is Ind. Code § 35-35-1-2 (Burns 1983 Supp.).”

Graves v. State, 823 N.E.2d 1193 (Ind. 2005). “Not long thereafter, we implicitly overruled Zimmerman's holding that a plea must be vacated if reconstruction of the record is not possible.”

Patton v. State, 810 N.E.2d 690 (Ind. 2004).

Redington v. State, 678 N.E.2d 114 (Ind. Ct. App. 1997).

Whatley v. State, 685 N.E.2d 48 (Ind. 1997).

— Ind. Code § 35-35-1-2(a)(1) — 8 cases

Hopper v. State, 957 N.E.2d 613 (Ind. 2011). “Ind. Code § 35-35-1-2 (2008). These requirements include determining that the defendant understands the nature of the *620 charges to which he is pleading, understands that by pleading guilty he waives certain trial-related rights, and understands the range of punishments he…”

Patton v. State, 810 N.E.2d 690 (Ind. 2004).

Carter v. State, 724 N.E.2d 281 (Ind. Ct. App. 2000).

State v. Sanders, 587 N.E.2d 166 (Ind. Ct. App. 1992).

Cody Mikework v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).

— Ind. Code § 35-35-1-2(a)(2) — 2 cases

O'connor v. State, 789 N.E.2d 504 (Ind. Ct. App. 2003).

Cody Mikework v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).

— Ind. Code § 35-35-1-2(a)(2)(A) — 1 case

Clay v. McBride, 946 F. Supp. 639 (N.D. Ind. 1996).

— Ind. Code § 35-35-1-2(a)(3) — 5 cases

Carter v. State, 724 N.E.2d 281 (Ind. Ct. App. 2000).

Clayton v. State, 673 N.E.2d 783 (Ind. Ct. App. 1996).

State v. Cozart, 878 N.E.2d 395 (Ind. Ct. App. 2007).

Kendrick v. State, 529 N.E.2d 1311 (Ind. 1988).

Cody Mikework v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).

— Ind. Code § 35-35-1-2(a)(4) — 2 cases

Bartzis v. State, 502 N.E.2d 1347 (Ind. Ct. App. 1987).

Spencer v. State, 634 N.E.2d 72 (Ind. Ct. App. 1994).

— Ind. Code § 35-35-1-2(a)(4)(B) — 1 case

Benson v. State, 780 N.E.2d 413 (Ind. Ct. App. 2002).

— Ind. Code § 35-35-1-2(a)(8) — 4 cases

Bennett v. State, 802 N.E.2d 919 (Ind. 2004).

Silvers v. State, 499 N.E.2d 249 (Ind. 1986).

Johnson v. State, 457 N.E.2d 196 (Ind. 1983).

Fardan v. State, 505 N.E.2d 794 (Ind. 1987).

— Ind. Code § 35-35-1-2(b) — 3 cases

Hunt v. State, 487 N.E.2d 1330 (Ind. Ct. App. 1986). “*1332 1985) or Ind. Code Ann. § 35-35-1-2 (a) [3] (Burns Supp.”

Spencer v. State, 634 N.E.2d 500 (Ind. Ct. App. 1993).

Kevin T. Price v. State of Indiana (Ind. Ct. App. 2025).

— Ind. Code § 35-35-1-2(c) — 6 cases

White v. State, 497 N.E.2d 893 (Ind. 1986). “This section had been repealed; the legislation enacted in its place is Ind. Code § 35-35-1-2 (Burns 1983 Supp.).”

Fisher v. State, 878 N.E.2d 457 (Ind. Ct. App. 2007). “Ind.Code § 35-35-1-2. The failure of the trial court to advise the defendant of any of these circumstances will warrant reversal only when a defendant shows prejudice.”

Rogers v. State, 827 N.E.2d 78 (Ind. Ct. App. 2005).

Kevin T. Price v. State of Indiana (Ind. Ct. App. 2025).

Cody Mikework v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).

— Ind. Code § 35-35-1-2(c)(1) — 1 case

Patton v. State, 789 N.E.2d 968 (Ind. Ct. App. 2003).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.