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Application For Permission To Enter Plea Of Guilty And Order Accepting Plea - California
| Application For Permission To Enter Plea Of Guilty And Order Accepting Plea Form. This is a California form and can be used in Criminal USDC Northern Federal . |
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The defendant represents to the Court: 1. My full true name is____________________________. I am _____ years of age. Defendant. (Fed. R. Crim. P., Rules 10 and 11) v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, No. Plaintiff, APPLICATION FOR PERMISSION TO ENTER PLEA OF GUILTY AND ORDER ACCEPTING PLEA I have gone to school up to and including ____________________________. My most recent occupation has been________________________________________. I request that all proceedings against me be in my true name. 2. I am represented by a lawyer. His/her name is ________________________________________. I received and read a copy of the indictment/information. If applicable: An interpretator who speaks_________________ read it to me in ___________________, and I have discussed it with my lawyer. // // // American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I fully understand every charge made against me. I understand these charges to be as follows: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 4. I have told my lawyer all the facts and circumstances known to me about the charges made against me in the indictment/information. I believe that my lawyer is fully informed on all such matters. 5. I know that the Court must be satisfied that there is a factual basis for a plea of "GUILTY" before my plea can be accepted. I represent to the Court that I took the following actions in connection with the charges made against me in Count[s] ______________ and that these facts are true and correct: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 6. My lawyer has counseled and advised me on the nature of each charge, all lesser included charges, all penalties and consequences of each charge, all possible defenses that I may have in this case and constitutional rights I am waiving. 7. I understand that my constitutional rights are as follows: (a) (b) (c) (d) the right to plead not guilty or, having already so pleaded, to persist in that plea; the right to a jury trial; the right to represented by counsel and if necessary have the Court appoint counsel at trial and at every other stage of the proceeding; and the right at trial to confront and cross-examine adverse witnesses, to testify and present evidence, to compel the attendance of witnesses, to be protected from compelled self-incrimination, and to remain silent, such that if I do not take the witness stand, no inference of guilt may be drawn from such failure and the jury must be so advised. 23 24 25 26 27 28 8. I know that I may plead "NOT GUILTY" to any offense charged against me and exercise all of my rights as listed above. 2 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 9. I know that if I plead "GUILTY," I am giving up all of the trial rights enumerated in paragraph 7 and that there will be no trial either before a court or jury. 10. I know that if I plead "GUILTY," the result of my plea is more than just an admission or confession of guilt. I understand that it will result in my conviction, and the Court may impose the same punishment as if I had pleaded "NOT GUILTY," stood trial and been convicted by a jury. 11. My lawyer has informed me that the maximum and minimum, if any, punishments which the law provides for the offense charged in Count(s) __________ are as follows: (For multiple counts, include the following information for each count) (a) (b) (c) (d) (e) (f) (g) Maximum prison sentence: Mandatory minimum prison sentence (if applicable): Maximum supervised release term: Minimum supervised release term (if applicable): Mandatory special assessment: Restitution: Maximum fine equal to the greater of the following: (1) $__________________ (generally $250,000 for a felony, $100,000 for a Class A misdemeanor, or $5,000 for a Class B misdemeanor or lower; see 18 U.S.C. § 3571)); or (twice the gross pecuniary gain I derived from the offense); or (twice the gross pecuniary loss caused by the offense to another person or persons). ______ years ______ years ______ years ______ years $__________ $__________ (or (determined by the Court) 16 17 18 19 20 (3) 21 22 23 24 25 26 27 28 3 American LegalNet, Inc. www.FormsWorkflow.com (2) $__________________ $___________________ If applicable: I understand that, because I am pleading guilty to more than one count, the Court may order the sentences on those counts to run consecutively. I understand that if I violate any condition of supervised release, the release may be revoked, and I may be sentenced to all or part of the term of supervised release imposed in addition to any other term of imprisonment which I have received. I understand that if I violate any term of probation, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 probation may be revoked, and I may be sentenced up to the maximum statutory term of imprisonment for the offense. I understand that I may be assessed the costs of confinement and/or supervision. I understand I may be ordered to pay restitution in an amount determined by the Court. 12. I know that the sentence I will receive will be decided solely by the Judge. I understand that the Judge will make no decision regarding my sentence until the Judge has read and considered the pre-sentence investigation report prepared and submitted to the Court by the Probation Department. I also understand that the Court and counsel cannot promise me now what sentence will be imposed. I understand that in deciding what sentence it will impose, the Court will calculate my sentencing range under the Sentencing Guidelines. I understand that while the Court is not bound to apply the Guidelines, it must take them into consideration when sentencing me, together with the factors set forth in 18 U.S.C. § 3553(a). 13. I understand that under provisions of certain criminal statutes, certain property of mine may be forfeited to the United States. I have
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