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Petition To Proceed In Propria Persona TUO-CR-325 - California
| Petition To Proceed In Propria Persona Form. This is a California form and can be used in Tuolumne Local County . |
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TUO- CR-325 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. Case Number: Space below for use of Court Clerk only Defendant. PETITION TO PROCEED IN PROPRIA PERSONA 1. I am the defendant in the above-entitled case, and I certify to the Court that I can read and write. I understand that my constitutional rights include the following: a. I understand that I have the right to a speedy and public trial, and that is a right to a trial by jury. b. I understand that I have the right to utilize the process of this Court to subpoena any witness or any records that I may need in my own behalf or in my defense. c. I understand that I have the right to confront in open Court all witnesses who will be called to testify against me, and that I have a right to cross-examine those witnesses at the time of trial. d. I understand that I have the right to testify at the time of trial, but that I cannot be compelled to testify at the time of trial unless I so desire. e. I understand that I have the right to be admitted to liberty on reasonable bail pending the trial. f. I UNDERSTAND THAT I HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER AT ALL STAGES OF THE PROCEEDINGS AND, IF I DO NOT HAVE FUNDS TO EMPLOY COUNSEL, ONE WILL BE APPOINTED FOR ME BY THE COURT. If the Court grants my petition to proceed in propria persona, and if I am permitted to represent myself, I understand I will have to conduct my own defense without the aid of counsel. DATED: _______________________________ ____________________________________________ Defendant 2. In support of my application to proceed in prior persona (acting as my own attorney), I offer the Court the following biographical information: a. Age: __________ Year of Birth: ___________________ b. Education: (1) High School attended:__________________________________________________________ (2) High School graduate? _______ Yes _______ No (3) Additional formal education: _____________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ (4) Legal education:______________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ c. Employment experience:___________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 4 TUO-CR-325 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO PROCEED IN PROPRIA PERSONA d. I have previously been granted the right to proceed in propria persona (acting as my own attorney) in the following criminal matters: ________________________________________________________________________________________ Case # Court Year Results ________________________________________________________________________________________ Case # Court Year Results ________________________________________________________________________________________ Case # Court Year Results 3. I understand that there are __________ deputies in the office of the Tuolumne County Public Defender, and they are qualified trial lawyers. I understand that if I accept court appointed counsel, a qualified trial deputy from the office of the Tuolumne County Public Defender (or private counsel in the event that a conflict arises) will be assigned to try my case, and that I will not meet the deputy who is assigned to try my case until such time as the matter is set for arraignment in a department of the Superior Court. I FURTHER UNDERSTAND THAT IT IS THE ADVICE AND RECOMMENDATION OF THIS COURT THAT I DO NOT REPRESENT MYSELF, AND ACCEPT COUNSEL APPOINTED BY THE COURT; AND FURTHER THAT IF I DO PERSIST IN MY MOTION TO ACT IN PRO PER THAT IT IS ADVICE AND RECOMMENDATION OF THIS COURT THAT I AT LEAST WAIT UNTIL I MEET THE DEPUTY PUBLIC DEFENDER WHO IS ASSIGNED TO TRY MY CASE BEFORE I GIVE UP MY VALUABLE RIGHT TO LEGAL REPRESENTATION. _______ Initial 4. I understand that if I am permitted to represent myself, it will be necessary for me, WITHOUT THE ASSISTANCE OF COUNSEL, to follow all of the many technical rules of substantive law, criminal procedure, and evidence. _______ Initial 5. I understand that the People's case will be handled by a Deputy District Attorney who is qualified in the trial of both court and jury trials, and that I will not be entitled to special consideration by the Court during the course of the trial. _______ Initial 6. I understand that the right to act in pro per is not license to abuse the dignity of the Court. I understand that the Court may terminate my right to self-representation in the event that I engage in serious misconduct and obstruct the conduct and progress of the trial. I understand that in the event that happens, I will have to be represented by a lawyer, who will then take over the case at whatever stage it may be in. _______ Initial 7. The crime(s) with which I am charged ____ is ____ are as follows:_______________________________ _______________________________________________________________________________________ ________________________________________________________________________________________ _______________________________________________________. _______ Initial 8. The crime(s) with which I am charged ____ is ____ are: ____ general ____ specific intent crime(s). _______ Initial 9. I am aware that there are certain legal defenses to the crime(s) with which I am charged, and they are as follows:__________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________
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