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Misdemeanor Advisement Of Rights Waiver Of Plea Form TUO-CR-200 - California
| Misdemeanor Advisement Of Rights Waiver Of Plea Form Form. This is a California form and can be used in Tuolumne Local County . |
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TUO-CR-200 SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 60 N. Washington Street Sonora, CA 95370 Phone: (209) 533-5563 The People of the State of California, Plaintiff, vs. Space below for use of Court Clerk only Case Number: Defendant. MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM 1) I hereby freely and voluntarily plead ____ guilty or ____ no contest to:____________________ ___________________________________________________________________________. _______ 2) I understand that a plea of no contest (nolo Contendere) will have exactly the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit. _______ 3) I understand that if I am not a citizen, a plea of guilty or no contest can and will result in my deportation, exclusion from admission to this country or denial of naturalization. I also understand that if I am a foreign national, I have the right to have my consular representative contacted and I hereby waive that right. _______ 4) I have been advised of, understand and knowingly and intelligently waive each of the following constitutional rights: a) To an attorney to represent me at all stages of the proceeding. If I cannot afford to hire an attorney, the court will appoint one to represent me. b) To have a speedy and public trial by court or by jury. At the trial I am presumed to be innocent and the prosecution has the burden of proving me guilty beyond reasonable doubt. c) To confront and cross-examine all witnesses testifying against me. d) To present evidence and to have the Court issue subpoenas to bring into court witnesses or evidence favorable to me, at no cost. e) To testify on my own behalf if I choose, or to remain silent and not incriminate myself. By pleading guilty or no contest I am incriminating myself. 5) I understand the charge(s) against me, the elements thereof, and the possible pleas and defenses. 6) I understand the minimum and maximum penalties for the offense(s) I am charged with. 7) I understand that this conviction could be used against me in the future as a prior conviction that could increase any penalties for future convictions, or could be used to violate my probation or parole which has been granted in another case. _______ _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 4 TUO-CR-200 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com _______ _______ _______ _______ _______ _______ _______ MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM 8) No promises, or threats to me or anyone close to me, or inducements have been made in connection with this plea except:___________________________________________________ ____________________________________________________________________________. _______ 9) If applicable: I understand that I have the right to enter my plea before, and be sentenced by, a Judge. I give up this right and agree to enter my plea before, and be sentenced by, a Superior Court Commissioner. DEFENDANT'S STATEMENT I am aware of and understand each of the above items. I have initialed those items as proof thereof. I hereby freely and voluntarily waive my rights and enter a plea to the listed charge(s). Defendant's signature: ____________________________________ ATTORNEY'S STATEMENT I am the attorney of record for the defendant. I have reviewed the 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 plea. I have also discussed the facts of the defendant's case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defenses. I concur in this plea, and in the defendant's decision to waive his or her constitutional rights. Dated: ________________________ _______ Date: _______________________ ____________________________________________ Signature of Defendant's Attorney INTERPRETER'S STATEMENT Having been sworn or having a written oath on file, I certify that I truly translated this form and any addenda to the defendant in the _______________________ language. The defendant stated that (s)he understood the contents of the form, and then (s)he initialed and signed the form in my presence. Date: _______________________ ____________________________________________ Interpreter's Signature ____________________________________________ Printed Name of Interpreter COURT'S FINDINGS AND ORDER The Court finds that the defendant has expressly, knowingly, voluntarily and intelligently waived his or her constitutional rights. The Court finds that the defendant's plea(s) and admission(s) are freely and voluntarily made and that there is a factual basis for the plea(s). The Court accepts the defendant's plea(s) and admission(s), if any, and orders this form and any applicable addendum filed and incorporated by reference. Date: _______________________ ____________________________________________ JUDGE OF THE SUPERIOR COURT ADDENDUM TO ADVISEMENT, WAIVER AND PLEA FORM _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 4 TUO-CR-200 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (23152) Offense Min./Max. When Probation Granted Min./Max. Without Probation Fine of $1,485 to $3,620 (including penalty assessments) and Fine of $1,485 to $3,620 First Offense in attendance at a 3 month alcohol/drug program (or 9 month (including penalty assessments); 10 years program if my blood alcohol was .20 or more, or if I refused a chemical test) plus either: (a) 48 hrs to 6 months in jail and a 6 month driver's license suspension; or (b) A 90-day driver's license restriction for work and alcohol/drug program attendance only. However, if offense occurred in vehicle requiring a Class A or B license, my license shall be suspended for 6 months. (V.C.ยง 23538) Fine of $1,485 to $3,620 (including penalty assessments) plus either: (a) 10 days to 1 year in jail and a 2 year license suspension; or (b) 96 hrs to 1 year in jail (96 hrs to be served in 2 increments of 48 hrs each) and an 18 (or 30) month alcohol/drug prog
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