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Criminal Change Of Plea CR-35 - California

Criminal Change Of Plea Form. This is a California form and can be used in Criminal San Mateo Local County .
 Fillable pdf Last Modified 11/2/2004
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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : THE PEOPLE OF THE STATE OF CALIFORNIA PLAINTIFF Plaintiff(s) vs. DEFENDANT Index No. Calendar No. SUPERIOR COURT OF CALIFORNIA ­ COUNTY OF SAN MATEO : : : : : JUDICIAL SUBPOENA -against- Defendant(s) : DECLARATION. CONCERNING:. . . . . .PLEA. OF. . . . . . CHANGE. OF PLEA .......... ............. . .... .. . ........ TO GUILTY OR NOLO CONTENDERE; FINDING AND ORDER I, theTHE PEOPLEdefendantSTATE OF NEW YORK above named OF THE in the above-entitled criminal action, and in support of my motion, which will be made in open court personally and by my attorney, to TO my plea (s) to to plead guilty nolo contendere: change 1. 2. Case Number SC______________ My attorney, in this action is:_________________________________________________________________ GREETINGS: I am charged in the _____________________________________________ in this action with having WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before the violated __________________________________________________________________________________ , Honorable at the Court located at County of (code, section(s), count(s) in room , on the day of , 20 , at o'clock in the noon, and at any recessed _________________________________________________________________________________________ or adjourned date, to testify and give evidence as a witness in this action on the part of the I desire to plead change my plea(s) to ______________________________to ____________________ (guilty/nolo contendere) 3. 4. 5. _________________________________________________________________________________________ Your failure section(s) and count(s), includingis punishable as to contempt of to be made) to comply with this subpoena lesser offense(s) a which plea is court and will make you liable to (state code, the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. I _________________ understand the nature of the charge(s) against me. (do/do not) I _________________ discussed the nature of the charge(s) against me andone of the Justices of the Witness, Honorable , the possible defenses thereto with (have/have not) Court in County, day of , 20 my attorney. My attorney ________________ has explained my constitutional rights to a trial by jury, to confront witnesses (has/has not) (Attorney must sign above and type name below) 6. against me, the process of the Court to compel the attendance of witnesses on my behalf, the right to remain silent or, if I so choose, to testify for myself. 7. Attorney(s) for I ___________________ realize that I give up these rights by pleading guilty or nolo contendere. (do/do not) I understand that a plea of nolo contendere has the same legal effect as a plea of guilty. 8. I understand that if I am not a citizen, conviction of the offense for which I have been charged will have the Office and P.O. Address consequences of deportation, exclusion from admission to the United States or a denial of naturalization. My decision to change my plea(s) to plead __________________________________________________ Telephone No.: (guilty/nolo contendere (has/has not) Facsimile No.: been made freely and voluntarily, without threat or fear to me or anyone closely related to or associated with E-Mail Address: me. Mobile Tel. No.: Page 1 of 2 www.sanmateocourt.org 9. CR-35 [Rev. 6/04] American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : 10. Index No. Calendar No. My attorney _________________ explained that the maximum:penalty, including penalty assessments, that (has/has not) SUPERIOR COURT OF CALIFORNIA ­ COUNTY OF SAN MATEO : could be imposed as a result of my plea(s) Plaintiff(s) nolo contendere is ______________________________ of guilty or JUDICIAL SUBPOENA -against: _________________________________________________________________________________________ 11. : I ___________________ been induced to plead guilty or nolo contendere by any promise or representation of (have/have not) a lesser sentence, probation, reward, immunity or anything else :except: Defendant(s) : _________________________________________________________________________________________ ...................................................... 12. I _________________ waive my right to be sentenced by the judge taking my plea and understand sentencing (do/do not) may occur OF THE STATE OF THE PEOPLEbefore another judge. NEW YORK 13. I _________________ understand that the matter of probation and sentence is to be determined solely by the (do/do not) TO Court and will not be decided until the report and recommendation by the Probation Department has been considered. The Court GREETINGS:reserves the right to withdraw its consent to any sentence imitation agreement, and in that event, I will be permitted to withdraw my plea(s) of guilty or nolo contendere and all charges will be reinstated. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before EXECUTED IN San Mateo County, California on ____________________________________________, 20_______. , the Honorable at the Court located at County of _______________________________________________________ in room , on the day of , 20 , at o'clock in the noon, and at any recessed (Defendant's Signature) or adjourned date, to testify and give evidence as a witness in this action on the part of the _____________________________states that he/she is the above named defendant's attorney in the above entitled action he/she personally read and explained the contents of the above declaration to the defendant he/she personally observed the defendant fill in date and sign said declaration he/she after having investigated this case and the possible defenses thereto, concurs in the defendants plea(s) of guilty or nolo contendere to of court and will make youby the to Your failure to comply with this subpoena is punishable as a contempt the charge(s) as set forth liable defendant in the above declaration and stipulates there is a for a maximum penalty of $50 and all damages sustained as a the party on whose behalf this subpoena was issued factual basis for the plea(s). result of your failure to comply. DATED____________________________ __________________________
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