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Felony Waiver And Plea Form (Criminal) CRIM018 - California
|Felony Waiver And Plea Form (Criminal) Form. This is a California form and can be used in Amador Local County .||
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF AMADOR 500 ARGONAUT LANE, JACKSON, CA 95642 (209) 257-2600 THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. Defendant. CLERK'S USE ONLY FELONY WAIVER & PLEA FORM CASE NO: Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial/complete each applicable item only if you understand it. If you have any questions about your case, the possible sentence, or the information on this form, ask your lawyer or the judge. 1. NATURE OF CHARGES (In Re Tahl (1969) 1 Cal.3d 122): A. Charges: (set forth all charges, enhancements, special allegations, prior convictions and probation violations, which will be subject to a plea) B. Proposed Disposition: C. I understand the nature of the above-referenced crimes; that is, what is required by law for a person to be guilty. Specifically, I understand the elements of all the charges and the possible defenses. initials FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 1 of 12 American LegalNet, Inc. www.FormsWorkFlow.com 2. CONSTITUTIONAL RIGHTS AND WAIVERS By personally writing YES in the boxes below, I understand the following rights and facts. I expressly give up and waive each right knowingly, intelligently, and voluntarily as each applies to the charges, enhancements, special allegations, prior convictions, and probation violations alleged. (People v. Mosby (2004) 33 Cal.4th 353; People v. Sumstine (1984) 36 Cal.3d 909.) DEFENDANT TO PERSONALLY WRITE YES OR NO IN EACH BOX: I UNDERSTAND THIS RIGHT I GIVE UP THIS RIGHT 1. 2. 3. 4. 5. 6. 7. Right to a speedy and public trial by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right to confront and cross examine all witnesses against me . . . . . . . . . . . . Right to remain silent and not incriminate myself (unless I choose to testify in my own behalf)..................................................................... Right to subpoena witnesses and produce evidence . . . . . . . . . . . . . . . . . . . . Right to be represented by an attorney at all stages of the proceedings and to have the court appoint one if I cannot afford my own . . . . . . . . . . . . . . . . . . I do not have the right to a jury trial on charges of violating probation, although I do have the right to a hearing before a judge . . . . . . . . . . . . . . . . . (If prior to preliminary hearing) Right to a preliminary hearing to determine if there is probable cause to hold me for trial . . . . . . . . . . . . . . . . . . . . . . . . . A. B. I understand that by pleading guilty I am giving up my right to a jury trial. I understand that because I am not going to trial, I am giving up my right to confrontation of witnesses (i.e. my right to see, hear, and have my attorney question all witnesses who might have been called to testify) and my right to subpoena witnesses and produce evidence on my behalf. I understand by pleading guilty, I am giving up my right to remain silent and to require the District Attorney to prove the case against me. In other words, I am admitting my guilt of the crime(s) charged. I understand People v. West (1970) 3 Cal.3d 595 is a case that allows me to plead guilty or no contest, for valid tactical reasons, to something I feel I did not do. However, for the purposes of my criminal record and for sentencing, the plea is treated the same as any other guilty plea. initials initials C. initials D. initials Page 2 of 12 FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 American LegalNet, Inc. www.FormsWorkFlow.com 3. REPRESENTED BY SELF OR COUNSEL: Defendant to personally write YES in one of the two boxes: REPRESENTED BY SELF: I give up my right to an attorney. REPRESENTED BY AN ATTORNEY: I have discussed my case with my attorney. We discussed the rights I am giving up by my plea, the elements of the offense(s) charged, the possible defenses, and the consequences of my plea. 4. NO OTHER PROMISES CONDITIONAL PLEA: A. I have not been induced to enter this plea by any promise or representation of a lesser sentence, probation, reward, immunity, or anything else, except as set forth in paragraph 1(B) above. initials B. I understand my sentence is to be determined solely by the Court. If the Court does not agree with any of the promises or representations stated above, I understand I will be allowed to withdraw my guilty plea. initials 5. CONSEQUENCES OF GUILTY PLEA, NO CONTEST, FINE AND CONFINEMENT (Bunnell v.Superior Court (1975) 13 Cal.3d 592; see also P.C. 1170(h) [AB 109]): A. No Contest Plea: I understand a plea of no contest will have the same effect in this case as a plea of guilty. Also, if the offense is punishable as a felony, it can be used against me in a civil lawsuit. (P.C. §1016.) B. Prison Sentence: 1. Straight up no conditions: initials I understand the maximum term facing me as a result of my plea is years. (In re Birch (1973) 10 Cal.3d 314.) initials FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 3 of 12 American LegalNet, Inc. www.FormsWorkFlow.com 2. Conditional pleas: a. Prison Time Local Jail: I understand I may be sentenced to serve my term of imprisonment in County Jail. My sentence may still be considered a prior prison term and may be used against me if future law violations occur. b. No State Prison Term or Local Prison Time Promise: I understand I will not be sentenced to State Prison or local prison time at the outset and I will be placed on probation. However, if I violate any of the terms and conditions of probation, I can be sentenced to State Prison/County Prison for a maximum sentence of _years. ______ initials c. State Prison Term/Local Prison Time Lid: I understand I will receive no more than years in State Prison or local prison time at the outset. If I am granted probation and then violate any terms and/or conditions of probation, I could be sentenced to years in State Prison or County Jail as a local prison term. initials Stipulated Prison Term: I understand I will be committed to State Prison or County Jail to serve a local prison term for a term of_ years. I will not be considered for probation or a lesser term in prison. initial initials c. 3. If Non-Probation Offenses Mandatory State Prison: I understand I will not be eligible for probation. I will be sentenced to State Prison as a result of this plea. (People v. Caban (1983) 148 Cal.App.3d 706.) initials FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 4 of 12 American LegalNet, Inc. www.FormsWorkFlow.