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Criminal Affidavit Back Single Charge - Tennessee
| Criminal Affidavit Back Single Charge Form. This is a Tennessee form and can be used in Trial And General Sessions Courts Statewide . |
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The Court has advised me that I have the right to be represented by an attorney and if I find the Defendant understands and freely and voluntarily waives indigent to have an attorney appointed to represent mI WAIVE MY RIGe. HT TO the right to an attorney. AN ATTORNEY AND WISH TO PROCEED IN THIS CASE WITHOUT AN ATTORNEY. _____________ _________________________________________________ ____________ _______________________________________ Date Defendant Date Judge ( ) I waive my right to a preliminary hearing and agree for my case to be bound over to the __________________________ County Grand Jury. ( ) I waive my right to be tried onlyafter being indicted by the Grand Jury and waive my right to a trial by jury and plead NOT GUILTY to violation(s) of TCA ________________________________________________________________________ ________________________________________________________________ _______________________________________ ______________________ ____________________________________________________ Attorney for Defendant Date Defendant I plead GUILTY to violation(s) of TCA ______________________________________________________________________ ________________________ _________________________________________. I have been advised by the Court of the following rights and I understand I waive each by pleading guilty: (1) the right to plead not guilty (2) the right to a jury trial (3) the right to confront and cross-examine the witnesses against me) the r (4ight to remain silent and not to be compelled to incriminate myself (5) the right to indictment orpresentm ent by the Grand Jury (6) the right to subpoena witnesses to testify for me (7) the right to have any fine greater than $50.00 be set by a jury and (the r8) ight to appeal if convicted after trial.I FULLY UNDERSTAND AND WAIVE EACH AND EVERY ONE OF THESE RIGHTS FREELY AND VOLUNTARILY and understand that I give up the right to remain silent and must answer questions asked by the judge or district attorney. I have been fully advised by the Court and I understand: (9natur) the e of the charge(s) against me (10) the minimum and mumaxim punishments for the charge(s) (11) that prior convictions and other factors may be considered in determing min y sentence (12) that after my plea there will be no evidence presented and no trial but only sentencing (13) that it is perjury to falsely answer questions while under oath (14) that there must be facts to support the plea and (15) that THIS CONVICTION MAY BE USED IN THE FUTURE TO INCREASE THE PUNISHMENT FOR SUBSEQUENT OFFENSES. I am guilty of the charge(s) because the facts which I know to exist equal the elements of the charge(s) as those elements have been explained to me by the court and there is a factual basis for my plea. I am pleading guilty freely and voluntarily and not as the result of force or threats or of promises apart from a plea agreement, in which my willingness to plead guilty results from discussions between the District Attorney=s Office and me or my attorney. I ask the Court to accept my plea of guilty. _____________________________________________ _____________________ _______________________________________________________ Attorney for Defendant Date Defendant I have questioned the defendant personally about the matters and ris itemght ized above and about the defendant=s waiver of those rights. I have concluded that the defendant understands the nature of the charge(s) and the rights which are given up by pleading guilty. I have concluded that there is a factual basis for defendant=s plea of guilty and that the plea is being entered freely, knowledgeably and voluntarily after freely, knowledgeably and voluntarily waiving the rights set out above and the plea of guilty is therefore accepted. ______________________ ______________________________________________ Date Judge GENERAL SESSIONS COURT OF ____________________ COUNTY TENNESSEE State of Tennessee vs. _______________________________________________________________________ _____________________________________________ State Control # ________________________ ____________________________County Case # ______________________________ JUDGMENT ______ ( ) Dismissed ( ) Not Guilty ( ) Nolle Prosequi ( ) Pretrial/Judicial Diversion ____________________________________________________________ ______ Costs taxed to the Prosecutor _______________________________________________________________________ ________________________________ ( ) States motion to not prosecute ( ) after preliminary hearing ( ) affiant did not appear ( ) Defendant waived extrdition a ______ Cost taxed to the Defendant __________________________________________________________________ ______________________________________ ( ) Costs and taxes ( ) Cost ______ Defendant cannot pay fine, costs, and taxes today due ______________________________________________________________ ____________________ ______ Defendant Indigent ________________________________________________________________ _______________________________________________ ______ Found GUILTY of violation of TCA ______________________________________________________________________ ___________________________ fined $________, taxed with costs and taxes and sentenced to serve _____ months _____days in the ____________________ County Jail (Class ____ Misd.) ______ Jail sentence suspended except ____________________________ on condition of good behavior, payment of fines, costs and taxes and restitution of $ ________________ to _________________________________________________ and ( ) no contact with _____________________________________ ( ) supervised probation for___________________________________ ( ) unsupervised probation for ______________________________ ( ) not drive in Tennessee for ________ year(s) and completion of ( ) DUI school ( ) alcohol/drug evaluation and counseling ( ) domtic abuse counseling es ( ) _________ hours of community service ___________________________________________________________________ ________________________. To report to serve on ______________at _________ am/pm. Time sercrved edit _________ ( ) Sentence may be served on consecutive weekends ______ Release eligibility date is ____________________% of the term of imprisonment ______ ( ) Appealed ( ) Defendant bound over to _________________ County Grand Jury after( ) preliminary hearing ( )waiving pr eliminary hearing and ( ) bail set at $__________________ ( ) Defendant shall continue on current bond of $_
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