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Domestic Violence Advisement Of Rights Waiver And Misdemeanor Plea Form IC DV M-100 - California
| Domestic Violence Advisement Of Rights Waiver And Misdemeanor 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 MISDEMEANOR 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. [ ] 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) ] Penal Code Section 273.6 [ [ ] Penal Code Section 243(e)(1) ] ________________________ ] _________________________________________________________________[ 3. I understand that I am also charged with having the following prior conviction(s): ________________________________________________________________*[ ] IC DV M-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 JURY TRIAL-I understand that I have the right to a speedy and public jury trial. 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 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). [ ] 9. RIGHT TO PRODUCE EVIDENCE-I understand that I have the right 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. *[ ] 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. *[ ] IC DV M-100 (02-2006) 2 American LegalNet, Inc. www.USCourtForms.com 12. 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: · · One (1) year in Jail Mandatory minimum of 48 hours in jail if probation is granted and I have a previous conviction for Penal Code § 243(e). Minimum of 15 days in jail if I have a prior conviction of PC § 273.5 within seven years, and a 60-day minimum jail term if I have two or more prior convictions within seven years. Mandatory minimum of 30 days in jail for a violation of PC §§ 273.6(b) and 273.6(e), unless the Court reduces the minimum in the interests of justice as further provided by the statute. $ 2,000 fine plus assessments for a conviction of PC § 243(e); $6,000 fine plus assessments for a conviction of PC § 273.5(a), and up to $10,000 if I have one or more prior convictions; $1,000 fine plus assessments for a conviction of PC § 273.6(a), and a $2,000 fine plus assessments for a conviction of PC §§ 273.6(b) or (e). I understand that the assessments will significantly increase the amount of the fine that I must pay. A $20 security fee/assessment will also be imposed for every count or charge for which I am convicted. Successful completion of a batterer's treatment or other counseling program of at least one year (52 weeks) in duration. Progress reports will be sent to the Court by the treatment program at least every three (3) months, and review hearings will be held by the Court. Payment up to $5,000 to a battered women's
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