California > Local County > Inyo
Domestic Violence Advisement Of Rights Waiver And Felony Plea Form IC DV F-100 - California
| Domestic Violence Advisement Of Rights Waiver And Felony Plea Form Form. This is a California form and can be used in Inyo Local County . |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF INYO Plaintiff: PEOPLE OF THE STATE OF CALIFORNIA Defendant: _____________________________________ Case No. ________________________ DOMESTIC VIOLENCE ADVISEMENT OF RIGHTS, WAIVER, AND FELONY PLEA FORM Fill out this form if you wish to plead guilty or no contest to the charges against you. Place your initials within the brackets for each applicable item only if you understand it, and sign and date the form on the last page. Some items, especially those brackets noted by an asterisk (*) may not be applicable in your case. "N/A" may be placed within any brackets for items that are not applicable. If you have any questions about your case, the rights you would be giving up by pleading guilty or no contest, the possible sentence, or the information on this form, ask your attorney or the judge. 1.a. RIGHT TO AN ATTORNEY: I understand that I have the right to be represented by an attorney throughout the proceedings. I have the right to hire or retain an attorney of my own choice. 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 ordered to pay all or part of the cost of that attorney, if I can afford to. If the Court orders me to reimburse the County of Inyo for all or a portion of the public defender services provided to me, that order will have the same force and effect of a civil judgment against me, and may be enforced or collected in the same manner as any other civil judgment. [ ] 1.b. 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 2. I understand that I am charged with the following offense(s): (check the appropriate box and/or write in the code section(s) below) [ ] Penal Code Section 273.5(a) ] _________________________________________________________________[ 3. I understand that I am also charged with having the following prior conviction(s): ________________________________________________________________*[ ] IC DV F-100 (02-2006) 1 American LegalNet, Inc. www.USCourtForms.com 4. I understand that I am also charged with violating the probation order in case(s): ________________________________________________________________*[ 5. I understand the charge(s) against me, and the possible pleas and defenses. CONSTITUTIONAL RIGHTS 6. RIGHT TO A PRELIMINARY EXAMINATION AND A JURY TRIAL-I understand that I have the right to a speedy and public preliminary examination and a jury trial. I understand that a preliminary examination is a hearing before a judge to determine if there is reasonable and probable cause to believe that the felony offense(s) charged have been committed, and committed by me. I further understand if I am ordered to stand trial after a preliminary examination, I have the right to a speedy and public trial by jury. At the trial, I would be presumed innocent, and I could not be convicted unless all 12 impartial jurors were convinced that the District Attorney's Office had proven my guilt beyond a reasonable doubt. [ ] 7. RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES-I understand that at the preliminary examination and trial, I have the right to confront and cross-examine all witnesses testifying against me. I understand that I have the right to have them appear in Court and testify under oath in front of me, and that I or my attorney may ask them questions. [ ] 8. RIGHT AGAINST SELF-INCRIMINATION-I understand that I have the right to remain silent and not incriminate myself. I also understand that I have the right to testify on my own behalf, but only if I want to. I understand that I can not be forced or compelled to testify, and that if I elect to remain silent, my silence will not be considered as any evidence of guilt. I understand that by pleading guilty or no contest, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. I understand that if I am pleading no contest the Court will have no choice but to find me guilty of that charge(s), and a plea of no contest will not have any other benefit to me. [ ] 9. RIGHT TO PRODUCE EVIDENCE-I understand that I have the right at the preliminary examination and at trial to present evidence, and to have the Court issue subpoenas (or orders) to bring into court all witnesses and evidence favorable to me, at no cost to me. [ ] 10. RIGHTS ON CHARGES OF PRIOR CONVICTION(S) AND PROBATION VIOLATION(S)- If applicable-I understand that I have the right to an attorney, the right to a jury trial, the right to confront and cross-examine all witnesses, the right against selfincrimination, and the right to produce evidence for all the charges against me, including any charged prior conviction(s) or probation violation(s). However, for a charge of violating probation, I do not have the right to a jury trial, although I do have the right to a hearing before a judge. *[ ] [ ] ] IC DV F-100 (02-2006) 2 American LegalNet, Inc. www.USCourtForms.com WAIVER OF RIGHTS Understanding all this, for all the charges against me, including any prior conviction(s) or probation violation(s): 11. I give up my right to an attorney and I choose to represent myself. *[ ] 12. I give up my right to a preliminary examination (unless I have already had a preliminary examination in this case), and I give up my right to a jury trial. [ 13. I give up my right to confront and cross-examine witnesses. 14. I give up my right to remain silent and to not incriminate myself. 15. I give up my right to produce evidence and witnesses on my own behalf. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 16. PENALTY: I understand that the possible consequences for the offense(s) charged include the following: ยท [ [ [ ] ] ] ] Two (2), Three (3), or Four (4) years in state prison followed by a term of parole as provided by law, and $6,000 fine plus assessments. Two (2), Three (3), or Five (5) years in state prison followed by a term of parole as provided by law, and a $10,000 fine plus assessments, if I have a prior conviction within seven years under Penal Code Section 273.5, 243(d), 243.4, 244, 244.5 or 245, if the victim of the prior offense is a person designated under Penal Code Section 273.5(a)) Parole may be for a term of 3 years, and if I violate parole, I may be returned to state prison for up to one full year for each violation. Even if probation is granted, I may be required to serve up
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