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Waiver Of Rights-Juvenile Delinquency JV-618 - California
| Waiver Of Rights-Juvenile Delinquency Form. This is a California form and can be used in Juvenile Judicial Council . |
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JV-618 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CHILD'S NAME: HEARING DATE AND TIME: CASE NUMBER: WAIVER OF RIGHTS--JUVENILE DELINQUENCY Read this form carefully. The judge will ask you if you understand each right, and if you want to give up that right. 1. I am the youth in this case. My attorney's name is 2. I have talked with my attorney about what happened in my case and why I am being charged in this case. I have been told what the District Attorney would have to prove at a trial and the possible ways to fight my case. I want to: a. admit the charge(s), which means that I am agreeing that I did with what the petition says b. c. plead no contest, which means that I do not want to fight my case at a trial, but I'm not agreeing that I did what the petition says I did. I am letting the judge decide whether the charges are true and know that the judge will probably find them true. The charge(s) I am admitting or pleading no contest to are For the items below, write your initials on each line that applies to your case. If you have a question about an item, ask your attorney or the judge before you initial that item. Initial a. If I plead no contest or submit the petition on the report, the court will probably find that the petition is true. b. The most that I can be punished for my admitting to these charges is a commitment (be locked up) at the Division of Juvenile Justice or a local confinement facility like juvenile hall or ranch for . c. If I am not a United States citizen, my admission or no contest plea may mean that I will have to leave the country (be deported), and never allowed to return (exclusion) and/or never be allowed to become a United States citizen. d. If I am declared a ward of the court, a violation of will prohibit me from owning, possessing or having in my custody or control any gun or firearm until I am thirty (30) years old. (Penal Code ยง 12021(e).) e. The court may order that my driver's license be restricted, delayed or suspended. f. I may be required to register pursuant to: 186.30 (gang) 290 (sex offender) g. My parents or legal guardians and I may have to pay for the things I did that hurt others and caused them to lose money, including paying for things I took, broke or damaged. We may also have to pay fines or fees. 4. Waiver of Rights. I understand that I have all of the rights below and that by admitting the charge(s) in the petition, or pleading no contest, I will not have a trial or hearing and I will give up all of these rights: Initial a. The right to a speedy court trial or hearing where the judge would listen to all the evidence and decide if the district attorney has enough evidence to prove that I did what the petition says I did. b. The right to see, hear and have my attorney question, witnesses, including the officer who wrote the report, and any of the people who provided information that is written in the report. c. The right to testify or speak up for myself in court. d. The right to be silent and not say anything that might hurt myself or my case. e. The right to have witnesses come to court, even if they don't want to, and talk to the judge about my case. f. The right to appeal, or ask another court to look at, decisions by the judge that I disagree with. Page 1 of 2 Form Approved for Optional Use Judicial Council of California JV-618 [New January 1, 2012] WAIVER OF RIGHTS--JUVENILE DELINQUENCY Cal. Rules of Court, rule 5.778 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com JV-618 CHILD'S NAME: CASE NUMBER: 5. My attorney has explained that when I admit to , listed as Count(s) , I will have crime(s) on my record that are "Strike" offenses under the Three Strikes Law. I have talked with my attorney what this could mean in my future and how I may have to spend much more time in jail or prison if I get in trouble again because I am admitting to these offenses today. 6. I have talked to my lawyer about the charge(s) in the petition, the facts of what happened, and any possible defenses. We have talked about what could happen if I admit, including what could happen if I break the rules of probation. Initial I declare under penalty of perjury, which means that I am guilty of a crime if I am lying, that my attorney has gone over this form with me, explained what it means, and answered my questions. I understand the rights I am giving up, I know what could happen because of my admission, and I am admitting to doing what the petition says because I want to and not because someone is forcing me to do this. Date: (SIGNATURE OF YOUTH) (TYPE OR PRINT NAME) DECLARATION OF INTERPRETER The primary language of the child is Spanish. other (specify): I certify that I interpreted this form for the parent or legal guardian in that person's primary language to the best of my ability. Date: (TYPE OR PRINT NAME) (SIGNATURE OF INTERPRETER) DECLARATION OF ATTORNEY I am the attorney for the child. I have explained and discussed with my client the above rights, the facts of his or her case, possible defenses, and the consequences of his or her decision to enter an admission. Based upon my conversation with the minor I am satisfied that his/her admission to the petition is knowingly, intelligently and voluntarily made and I consent to the admission. Date: (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY) ORDER AND FINDING I have spoken with the child, reviewed the waiver form, and find that the child has been fully informed of the constitutional rights and the consequences of the admission in this case, and understands them. I further find that the child has knowingly, intelligently, and voluntarily waived his/her rights and that there is a factual basis for the minor's admission. IT IS ORDERED that the minor's admission be accepted and entered in the minutes of this court. This executed waiver of rights form is filed in the records of this court and incorporated in the above-numbered case by reference. Date: JV-618 [New January 1, 2012] JUDICIAL OFFICER Page 2 of 2 WAIVER OF RIGHTS--JUVENILE DELINQUENCY
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