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Waiver Of Constitutional Rights And Plea (North County) SC-3039N - California
| Waiver Of Constitutional Rights And Plea (North County) Form. This is a California form and can be used in Criminal Santa Barbara Local County . |
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Choose a location SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: FOR COURT USE ONLY People of the State of California DEFENDANT: CASE NUMBER: WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA PLEA OF GUILTY/NO CONTEST FELONY Defendant withdraws the previously entered plea of not guilty and/or denials of any enhancement(s)/prior convictions and now pleads GUILTY or NO CONTEST and ADMITS (if applicable) the enhancement(s) /prior conviction(s) described below. My attorney in this case is ____________________________________________ (Print attorney's name) Put initials in boxes on pages 1-9 I will plead GUILTY / NO CONTEST (circle one) to the following count(s): List count(s) and code section(s) for the crime(s). ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I also will ADMIT the following enhancement(s)/prior conviction(s)/prior prison term(s)/ serious felony(ies) (circle if applicable). List name of court, case number/date of conviction(s) and code section(s). ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ SC-3039N [Rev. Aug. 20, 2012] WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA Page 1 of 9 American LegalNet, Inc. www.FormsWorkFlow.com I also will ADMIT the following violation(s) of probation. List name of court, case number/date of conviction(s) and code section(s). __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I am entering my plea and admissions based on a promise or representation made by the District Attorney/ indicated sentence of the Judge (circle one) as follows: I will serve ____ years and ____ months in state prison (details)_________________________________________________________________________________________ ________________________________________________________________________________________________ I will serve ____ years and ____ months in county jail per Penal Code §1170(h) (details) _________________________________________________________________________________________ _________________________________________________________________________________________________ I will receive a split sentence: ____ years and ____ months in county jail per P.C. 1170(h) and ____ years and ____ months on mandatory supervision for a total term of _____ years and _____months. (details) _________________________________________________________________________________________ _________________________________________________________________________________________________ I will be granted formal probation for ___ years and serve _____ days in the county jail with the standard terms and conditions for this type of offense and the following case specific terms: (details)__________________________________________________________________________________________ _________________________________________________________________________________________________ I will plead open with the following potential sentencing consequences: ________________________________________________________________________________________ ________________________________________________________________________________________ I understand there is an agreement between the District Attorney and me that if I fail to appear on the date set for sentencing/surrender, I will not be allowed to withdraw my plea and I may be sentenced up to the maximum punishment allowed by law. Cruz Waiver Page 2 of 9 American LegalNet, Inc. www.FormsWorkFlow.com I discussed with my attorney the elements of the crimes and allegations against me and all of my possible defenses. I understand that I have the following constitutional rights as to the CHARGES I am pleading guilty/no contest to as well as any ENHANCEMENTS and/or PRIOR CONVICTIONS I am admitting. CONSTITUTIONAL RIGHTS I understand this right and I give up this right. a. The right to be tried by a jury in a speedy, public trial. b. The right to confront and cross-examine all of the witnesses against me. c. The right to call/subpoena witnesses to court to testify. d. The right to remain silent/right against self-incrimination I am entering my plea freely and voluntarily, without threats or pressure being made against me or anyone I know. No other promises or representations have been made to me or my attorney other than those appearing on this form. I am not under the influence of any drugs, medication, alcohol or any other substance that would impair my judgment. I have had enough time to talk to my attorney about the case, the elements of the crimes, my possible defenses and I have told my attorney all the facts and circumstances known to me about the case. I understand that the maximum sentence I can receive for the charges and allegations/priors I am pleading GUILTY/NO CONTEST and ADMITTING at this time or in the future is _____ years, ____ months in State Prison/County Jail per Penal Code §1170(h). I must pay a fine to the State Restitution Fund of not less than $2__ ($240 in 1-1-12, $280 in 1-1-13, $300 in 1-1-14) and not more than $10,000. I may be ordered to pay restitution to the victim(s) whether I go to state prison, county jail per Penal Code §1170(h), placed on mandatory supervision, or am granted probation. If I am granted probation (up to 5 yrs.) and, in the future, violate probation and am then sent to State Prison or County Jail per Penal Code §1170(h), I could receive the maximum sentence stated above. CONSEQUENCES OF MY PLEA OF GUILTY/NO CONTEST Page 3 of 9 American LegalNet, Inc. www.FormsWorkFlow.com My attorney has explained to me that other possible consequences of my GUILTY/NO CONTEST plea may be: (Put your initials in the appropriate boxes.) a. This is a mandatory state prison sentence. b. I must
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