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Acknowledgment Of Terms And Conditions Of Drug Court Participation TUO-CR-100 - California
| Acknowledgment Of Terms And Conditions Of Drug Court Participation Form. This is a California form and can be used in Tuolumne Local County . |
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TUO-CR-100 SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 60 N. Washington Street Sonora, CA 95370 (209) 533-5563 The People of the State of California, Plaintiff, vs. Space below for use of Court Clerk only Case Number: Defendant. ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS I have read and understand the attached description of the three levels of the Drug Court Program and the possible sanctions that may be imposed by the Drug Court Judge/Commissioner for violation of any of the requirements for each level of participation. I understand and agree that the Commissioner of the Tuolumne County Superior Court may preside as Judge Pro Tem at any hearing related to my participation in the Drug Court Program, including, but not limited to, any evidentiary hearing to terminate my participation in the Drug Court Program as well as sentencing in the underlying charge or charges which were the basis for my entry into the Drug Court Program. I agree that the Drug Court Judge/Commissioner may impose any of the sanctions that the Court feels is appropriate at any level during my participation in the Drug Court Program. I understand and agree that I waive all of the following rights as part of my participation in the Drug Court Program: o o o o o The right to advance notice, either written or verbal, of any violation of a term or condition of my participation in the Drug Court Program. The right to have an evidentiary hearing to establish a violation of a term or condition of my participation in the Drug Court Program. The right to be represented by an attorney at any stage of the Drug Court Program. The right to remain silent. The right to assert any privilege as set forth in the California Evidence Code or any California case law with respect to any communication I may have with a mental health professional or a medical doctor as a condition of my participation in the Drug Court Program. ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 9 TUO-CR-100 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com o The right to be sentenced by the judge that accepted my plea of guilty to the charge or charges which resulted in my participation in the Drug Court Program [People v. Arbuckle (1978) 22 Cal.3d 749]. CIRCUMSTANCES OF WAIVER OF DUE PROCESS RIGHTS I have talked about all of the aspects of my participation in the Drug Court Program with my attorney. I have had enough time to talk to my attorney about the consequences of a waiver of my due process rights as a condition of my participation in the Drug Court Program. I freely and voluntarily enter into this waiver of my due process rights as outlined above with full knowledge of the consequences of this waiver. I have not recently ingested drugs or alcohol so as to affect my ability to exercise judgment in entering into this waiver of due process as a condition of my participation in the Drug Court Program. Dated: ___________________________ Signed: ____________________________________________ Signature of Defendant ATTORNEY'S STATEMENT I am the attorney of record for the Defendant. I have reviewed and discussed this form and any addenda with my client. I have explained each of the Defendant's rights to the Defendant and answered all of the Defendant's questions with regard to this waiver. I have discussed the facts of the Defendant's case with the Defendant and explained the consequences of this waiver of due process rights as a condition of the Defendant's participation in the Drug Court Program. I concur in the Defendant's participation in the Drug Court Program and the Defendant's decision to waive his/her due process rights as a condition of the Defendant's participation in the Drug Court Program. Dated: ___________________________ Signed: ______________________________________ Signature of Attorney for Defendant INTERPRETER'S STATEMENT I, ________________________________, having been duly sworn, truly translated this form to the Defendant in the ______________________ language. The Defendant indicated that he/she understood the contents of the form and he/she initialed and signed the form. Dated: ___________________________ Signed: ___________________________________________ Signature of Court Interpreter Signed: ___________________________________________ Printed Name of Court Interpreter ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 9 TUO-CR-100 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com COURT'S FINDINGS AND ORDER The Defendant has acknowledged to the Court that he/she has read and understood the contents of this form pursuant to which he/she waives his/her due process rights. The Defendant has not recently ingested drugs or alcohol so as to affect his/her ability to exercise judgment in entering into this waiver of due process rights as a condition of his/her participation in the Drug Court Program. The Court has reviewed this form and questioned the Defendant concerning the Defendant's waiver of due process rights in connection with his/her participation in the Drug Court Program and finds that: The Defendant understands his/her due process rights and that he/she is waiving these rights as a condition of his/her participation in the Drug Court Program. The Defendant has expressly, knowingly and intelligently waived his/her due process rights as a condition of participation in the Drug Court Program. The Defendant's waiver of his/her due process rights is freely and voluntarily made with a full understanding of the nature of the due process rights he/she has waived and the consequences of such waiver. The Court accepts the Defendant's waiver of his/her due process rights and orders the Defendant admitted to the Tuolumne County Drug Court Program upon entry of his/her plea of guilty to the violations set forth in the Advisement and Waiver of Rights form, incorporated herein by this reference as though fully set forth. Dated: ___________________________ Signed: _____
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