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Misdemeanor Advisement Of Rights Waiver And Plea Form Deferred Entry Of Judgment - California

Misdemeanor Advisement Of Rights Waiver And Plea Form Deferred Entry Of Judgment Form. This is a California form and can be used in Criminal Yolo Local County .
 Fillable pdf Last Modified 11/25/2013
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF YOLO Judicial District FOR COURT USE ONLY WOODLAND Plaintiff: THE PEOPLE OF THE STATE OF CALIFORNIA Defendant: MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Deferred Entry of Judgment ­ Withdrawn/Entered_______________ INSTRUCTIONS Case Number: Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it, and sign and date the form on page 2. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the Judge. RIGHT TO AN ATTORNEY [ ] 1. I understand that I have the right to be represented by an attorney throughout the proceedings. I understand that the Court will appoint a free attorney for me if I cannot afford to hire one, but at the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can afford to. I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself. NATURE OF THE CHARGES (Complete all items you are charged with) [ ] 2. I understand that I am charged with the following offense(s): Type of offense(s) and section number(s) [ ] 3. I understand the charge(s) against me, and the possible pleas and defenses. CONSTITUTIONAL RIGHTS [ ] 4. RIGHT TO A JURY TRIAL ­ I understand that I have the right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. ] 5. RIGHT TO CONFRONT WITNESSES ­ I understand that I have the right to confront and cross-examine all witnesses testifying against me. ] 6. RIGHT AGAINST SELF-INCRIMINATION ­ I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, I am incriminating myself. ] 7. RIGHT TO PRODUCE EVIDENCE ­ I understand that I have the right to present evidence and to have the Court issue subpoenas to bring into Court all witnesses and evidence favorable to me, at no cost to me. [ [ [ WAIVER OF RIGHTS Understanding all of this, for all the charges against me: [ ] 8. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney) [ ] 9. I give up my right to a jury trial. American LegalNet, Inc. [ [ [ ] 10. I give up my right to confront and cross-examine witnesses. ] 11. I give up my right to remain silent and to not incriminate myself. ] 12. I give up my right to produce evidence and witnesses on my own behalf. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST [ ] 13. Penalty: I understand that the possible consequences for the offense(s) charged include the following: Section Number JAIL ­MIN JAIL ­MIN MAX FINE-MIN MAX ____________ ________________________________________________________________________________ Section Number MAX FINE-MIN MAX OTHER CONSEQUENCES: _______________________________________________________________________________ [ [ [ [ ] 14. I understand that in addition to the fine, the Court will add assessments, which will significantly increase the amount I must pay. I shall also be ordered to make restitution and to pay a restitution fine of $120 to $1,000, unless the Court finds compelling and extraordinary reasons not to impose the fine. ] 15. I understand that if I am not a citizen, a plea of guilty or no contest could result in my deportation, exclusion from admission to this country, or denial of naturalization. ] 16. I understand that a plea of no contest (nolo contendere) will have exactly the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit unless the offense is punishable as a felony. ] 17. I understand that any plea entered in this case may be grounds for violating probation or parole which has previously been granted to me in any other case. PLEA(S) [ ] 18. I hereby freely and voluntarily plead _____________________________________ to the following: guilty or no contest [ [ ] 19. I understand that I have the right to a delay of sentencing for no less than 6 hours to no more than 5 days. I give up this right and agree to be sentenced at this time. ] 20. I understand that I have the right to enter my plea before, and to be sentenced by a Judge. I give up this right and agree to enter my plea before, and to be sentenced by Commissioner Janene Beronio. This is a deferred entry of judgment plea. I am entering a plea of guilty/no contest to the above charge with the understanding that if I obey all laws and complete the CFI Level 1 diversion program by my next court date, that I will be allowed to withdraw my plea and the case will be dismissed. If I do not complete the diversion program and/or do not obey all laws, then on my next court date, the court will sentence me on this charge and I will have a misdemeanor conviction on my record. ______________________________________________ DEFENDANT'S SIGNATURE _______________________________________ DATE American LegalNet, Inc. ATTORNEY'S STATEMENT I am the attorney of record for the defendant. I have gone over the form and any addenda with my client. I have explained each of the defendant's rights to the defendant and answered all of the defendant's questions with regard to this plea. I have discussed the facts of the defendant's case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defenses. I concur in this plea and in the defendant's decision to waive his or her constitutional rights. ___________________________________________________ SIGNATURE OF DEFENDANT'S ATTORNEY _______________________________ DATE INTERPRETER'S STATEMENT (If applicable) I, having been sworn or having a written oath on file, certify that I truly translated this form to the defendant in the language indicated below. The defendant stated that (s)he understood the contents of the form, and then (s)he initialed and signed the form. Language: [ ] Spanish [ ] Other (specify): ___________________________ _____________________________________ COURT INTERPRETER'S SIGNATURE ________________________________ PRINT NAME _________________ DATE COURT'S FINDINGS AND ORDER The Court, having reviewed this form and any addenda, and having questioned
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