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Waiver Of Constitutional Rights And Plea OF Guilty To Contempt (Subsequent Plea) TUO-JV-125 - California
| Waiver Of Constitutional Rights And Plea OF Guilty To Contempt (Subsequent Plea) Form. This is a California form and can be used in Tuolumne Local County . |
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TUO-JV-125 SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE JUVENILE COURT 41 West Yaney Avenue, Sonora, CA 95370 Phone: (209) 533-6975 TUOLUMNE COUNTY DEPARTMENT OF SOCIAL SERVICES In the Matter of Space below for use of Court Clerk only Minor(s). Case Number(s): Person(s) coming Under the Juvenile Court Law. WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA OF GUILTY TO CONTEMPT [C.C.P. § 1209 (a)(5)] - (SUBSEQUENT PLEA), AND ORDER THEREON I, _____________________________________, am the parent of the minor in the above entitled matter. I understand that I am charged with contempt pursuant to Code of Civil Procedure Section 1209 (a)(5) for violation of a court order. I understand that I am charged in the Order to Show Cause Re Contempt filed on _____________ with __________ count(s) of contempt for violation of the order(s) of this Court. I understand that the elements of contempt for violation of a court order are: 1. 2. 3. There was a valid court order. I had knowledge of the order. I willfully violated the order. I understand that the defenses to contempt are one or more of the following: 1. 2. 3. There is no valid court order. I did not know about the court order. I did not willfully violate the court order. I understand the penalties for a finding of contempt under Code of Civil Procedure Section 1218 for the violation of a court order are: Five (5) days in jail or a fine of up to $1,000, or both, for each count of contempt. WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA OF GUILTY TO CONTEMPT [C.C.P. § 1209(a)(5)] - (SUBSEQUENT PLEA), AND ORDER THEREON _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 5 TUO-JV-125 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com By personally initialing below, I indicate that I understand the following rights and I expressly give up and waive each right knowingly and voluntarily as each applies to this charge or charges: I understand this right. 1. Right to speedy and public court trial. 2. Right to confront and cross-examine witnesses against me. 3. Right to remain silent and not incriminate myself. 4. Right to subpoena witnesses and produce evidence. [__________] [__________] [__________] [__________] I give up this right. [__________] [__________] [__________] [__________] I have discussed my case with my attorney. We discussed the rights that I am giving up, the elements of the offense(s) charged, the possible defenses, and the consequences of my plea(s). [__________] ALL PROMISES MADE TO ME CONCERNING THIS PLEA ARE AS FOLLOWS: INDICATED JUDGMENT OF COURT: The Court has indicated to me that if I enter a plea of guilty to all counts of contempt alleged in the Order to Show Cause and Affidavit re Contempt, I will be placed on probation for a period of time equal to the duration of the Child Welfare Services Case Plan. In addition, the Court has indicated that the following terms and conditions of probation will be imposed: 1. I will be required to participate in, or continue my participation in the Dependency Drug Court Treatment Program as a part of the Child Welfare Services Case Plan. 2. I will be required to comply with all orders of the Juvenile Court Judge and all conditions of the Child Welfare Services Case Plan. 3. I will waive all of my due process rights as set forth in the attached form entitled ACKNOWLEDGMENT AND WAIVER OF DUE PROCESS RIGHTS and all of my constitutional rights as set forth in this WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA OF GUILTY TO CONTEMPT form as they would apply to any violation of these terms and conditions of my probation. 4. I will consent to the Court's imposition of any portion of the jail time that could have been imposed upon the entry of my plea of guilty to the contempt charges in this case if the Court, in its absolute discretion, should find that the imposition of all or any portion of that jail time is appropriate for a violation of any term or condition of my probation. I understand that any sanction will be imposed immediately, without notice, hearing, or right to assistance of counsel. 5. I will consent to be housed with the general population at the Tuolumne County Jail if ordered to serve any time in the Tuolumne County Jail as a result of a sanction for violation of any term or condition of my probation. OTHER PROMISES: [___] None [___] as follows: ________________________________________________________________________________________ ________________________________________________________________________________________ WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA OF GUILTY TO CONTEMPT [C.C.P. § 1209(a)(5)] - (SUBSEQUENT PLEA), AND ORDER THEREON _________________________________________________________________________________________________ Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 5 TUO-JV-125 (Revised Oct. 1, 2009) American LegalNet, Inc. www.FormsWorkFlow.com PLEA 1. Having in mind the nature of the charge(s) against me, the rights I will be giving up, and all of the possible consequences of my plea, I plead GUILTY to the following counts of contempt: Count(s) ________________________________________ of the Order to Show Cause Re Contempt filed on ___________________________. [__________] 2. I admit that during the time periods for which I am pleading guilty that there was a valid court order, that I had knowledge of the order and that I willfully violated the order. [__________] 3. My decision to enter this plea has been made freely and voluntarily, without threat or fear to me or to anyone closely related to, or associated with me. [__________] 4. I am entering this plea of guilty because I am in truth and in fact guilty and not for any other reason and because I desire to have the court impose the sentence as stated in the Indicated Judgment set forth above. [__________] 5. I understand that I may not be sentenced earlier than six hours or later than five days after my plea. I give up this right and agree to be sentenced at this time. [__________] I understand each of the foregoing items. I have personally initialed appropriate items as proof thereof. I declare under penalty of perjury that the foregoing is true and correct. Executed this __________ day of ___________________________, 20____, in Tuolumne County, California. ____________________________________________ Signature of Minor'
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