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Advisement Of Rights Waiver Of Plea Form For Felonies TUO-CR-125 - California
| Advisement Of Rights Waiver Of Plea Form For Felonies Form. This is a California form and can be used in Tuolumne Local County . |
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TUO- CR-125 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 Defendant. Case Number: ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code § 1210, et seq.] INSTRUCTIONS Fill out this form if you wish to plead guilty to the charges against you in order to be placed on probation pursuant to Penal Code § 1210, et seq. (Proposition 36). If you successfully complete your Proposition 36 probation, you may petition the sentencing Court to set aside the conviction and dismiss the charges. If you do not successfully complete these requirements, the Court will revoke your probation and sentence you according to the otherwise applicable law, which may include a period of incarceration. Initial the box for each applicable item only if you understand it, and sign and date the form on page 5. If you have questions about your case, the possible sentence, or the information on this form, ask your attorney or the Judge. INITIAL RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorney throughout r the proceedings. NATURE OF THE CHARGES (Complete all items you are charged with.) 1. ___________ 2. I understand that I am charged with the following offense(s):_________________ _________________________________________________________________ TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 2. ___________ 3. If applicable - I understand that I am also charged with having the following prior conviction(s): __________________________________________________ _________________________________________________________________ LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. ___________ 4. If applicable - I understand that I am charged with violating the probation order(s) in the following cases: _______________________________________________ CASE NUMBER(S) AND DATE(S) 4. ____________ 5. I understand the charge(s) against me, and the possible pleas and defenses. 5. ____________ ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code § 1210, et seq.] _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 6 TUO-CR-125 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com CONSTITUTIONAL RIGHTS 6. RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public 6. ____________ jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. 7. RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES - I understand that I have the right to confront and cross-examine all witnesses testifying against 7. ____________ me. 8. 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 pleading guilty, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. 8. ____________ 9. RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and to have the Court issue subpoenas to bring into court all witnesses 9. ____________ and evidence favorable to me, at no cost to me. PRIOR CONVICTIONS AND PROBATION VIOLATIONS 10. If applicable - I understand that I have all of the above constitutional rights for all 10. ___________ of the charges against me, including any charged prior convictions or probation violations. However, for a charge of violating probation, I do not have the right to a jury trial, although I do have the right to a hearing before a Judge. (Note Please complete No. 30 on page 4.) SPEEDY PRELIMINARY HEARING (For charged felony offenses only) 11. ___________ 11. If applicable - I understand that if I am charged with a felony, I have a statutory right to a preliminary hearing, and a right that this hearing be held within a specified period of time. I would also have all of the above constitutional rights at the hearing, except that it would be conducted before a Judge, rather than before a jury. (Note - Please complete No. 17 on page 3.) WAIVER OF RIGHTS Understanding all of the above, for all of the charges in this case, including any prior convictions or probation violations, which may be presented against me at my trial (and preliminary hearing): 12. I give up my right to an attorney, and I choose to represent myself. (Does not 12. ___________ apply if you have an attorney.) 13. I give up my right to a jury trial. (Does not apply to charged probation violations or 13. ___________ to preliminary hearing.) ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code § 1210, et seq.] _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 6 TUO-CR-125 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com 14. I give up my right to confront and cross-examine witnesses. 14. ___________ 15. I give up my right to remain silent and to not incriminate myself. 15. ___________ 16. I give up my right to produce evidence and witnesses on my own behalf. 16. ___________ 17. If applicable - I give up my right to a preliminary hearing before a Judge as to any felony offenses. I also give up my right to have that hearing held within the 17. ___________ specified period. PARTICIPATION IN PROBATION UNDER PROPOSITION 36 18. I understand that conditions of my probation will require me to successfully complete a drug treatment program for a period of up to one year, as determined 18. ___________ by the Court based upon the severity of my addiction and my criminal history. The treatment program may consist of out-patient treatment, in-patient residential treatment, narcotic replacement therapy, drug education or prevention courses, or a combination thereof. 19. I understand that I may also be required as a further condition of probation to complete community service hours and supplemental drug treatment services, including but not limited to vocational training, family counseling and literacy 19. ___________ training. The Court may also require me to participate
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