Contempt Advisement Of Rights Waiver And Plea Form {FL1}

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Plaintiff(s) PLAINTIFF/PETITIONER: -against- Index No. Calendar No. : : : JUDICIAL SUBPOENA Citee/RESPONDENT: : Defendant(s) : . . . . . . .PARENT:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... OTHER THE PEOPLE OF THE STATE OF NEW YORK CONTEMPT ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM CASE NUMBER: TO INSTRUCTIONS Fill out GREETINGS: this form if you wish to admit to the contempt charges against you. Initial the box for each applicable WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of AN ATTORNEY: INITIALS RIGHT TO 1. I understand that I have the right day of to be represented by ,an attorney throughout the proceedings. I noon, and at any recessed in room , on the 20 , at o'clock in the understand that the to testify and give evidence as a me if I cannot afford to hire one, but at or adjourned date,Court will appoint a free attorney for witness in this action on the part of the end of the case, I may be asked to pay all or a part of the cost of that attorney, if I can afford to. I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself. 1. item only if you understand it. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to NATURE OF THE behalf this the party on whoseCHARGES: subpoena was issued for a maximum penalty of $50 and all damages sustained as a 2. I understand that I am comply. result of your failure tocharged with _____ counts of contempt for willful failure to pay child, spousal or family support for the following months: Witness, Honorable Court in County, Count:____for the period of ____________, 19____; Count:____for the period of ____________, 19____ , one of the Justices of the day of , 20 Count:____for the period of ____________, 19____; Count:____for the period of ____________, 19____ Count:____for the period of ____________, 19____; Count:____for the period of ____________, 19____ Count:____for the period of ____________, 19____; Count:____for (Attorney must____________, 19____ below) the period of sign above and type name Count:____for the period of ____________, 19____; Count:____for the period of ____________, 19____ Count:____for the period of ____________, 19____; Count:____for the period of ____________, 19____ Attorney(s) for See attachment 2. 3. I understand the charges against me and the possible pleas and defenses. 2. 3. Telephone No.: 5. Commissioner Not a Judge: I understand that a court commissionerFacsimile No.: is not a duly elected or appointed E-Mail Address: trial judge. I have the right to separately agree for a court commissioner to hear my trial as a temporary Mobile Tel. No.: ADVISEMENT OF RIGHTS, WAIVER AND PLEA (CONTEMPT) LOCAL FL1 (Effective 7/1/03) Office and P.O. Address CONSTITUTIONAL RIGHTS: 4. Right to a Non-jury Trial (Trial by Judge): I understand that I have the right to a speedy, public trial by a trial judge. At the trial, I would be presumed innocent, and I could not be found in contempt unless the trier of fact was convinced of my guilt beyond a reasonable doubt. 4. Page 1 of 4 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Plaintiff(s) Index No. Calendar No. judge, and I also have the right to decline to agree, in which case the trial would be heard before a regular : trial judge. 5. JUDICIAL SUBPOENA 6. Right to Confront Witnesses: I understand that I have the right to confront and cross-examine all -against: witnesses testifying against me. 7. Right Against Self-Incrimination: I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by admitting the charges, I am : incriminating myself. 6. : 7. 8. : 8. Right to Produce Evidence: I understand that I Defendant(s) to present evidence and to have the Court have the right ...................................................... issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me. WAIVER OF RIGHTS: 9. Understanding all this, for all the charges against me: THE PEOPLE OF THE STATE OF NEW YORK to represent myself. (Does not apply if you have A. I give up my right to an attorney, and I choose an attorney.) 9A. 9B. 9C. 9D. TO B. I give up my right to trial. C. I consent to this matter being heard and determined by a court commissioner sitting as a temporary judge. D. I give up my right to confront and cross-examine witnesses. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before E. I give incriminate myself. Court 9E. , the Honorable up my right to remain silent and to notat the located at County of F. I give up my right to produce evidence and witnesses on my own behalf. 9F. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the CONSEQUENCES OF ADMISSION: 10. I understand that the possible consequences for contempt include the following FOR EACH COUNT: First finding of contempt: Up to 120 hours community service, or up to 120 hours (5 days) jail. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Second finding of contempt: this 120 hours community for a maximum penalty of (5 days) all and a the party on whose behalf Up tosubpoena was issued service, and/or up to 120 hours$50 and jail, damages sustained as a fine of up to $2,700 ($1,000 plus penalty assessments.) result of your failure to comply. Third finding of contempt: Up to 240 hours community service, up to 240 hours (10 days) jail, and pay an Witness, Honorable , one of the Justices of the administrative fee that covers the cost of supervision by the community service program (not to exceed the Court supervisorial and administrative cost). of County, day , 20 actual in Per CCP '1218(c)(4), the court will take the parties' employment schedul