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Plea Form, With Explanations And Waiver Of Rights-Felony (Criminal) CR-101 - California
| Plea Form, With Explanations And Waiver Of Rights-Felony (Criminal) Form. This is a California form and can be used in Criminal Judicial Council . |
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CR-101 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: PLEA FORM, WITH EXPLANATIONS AND WAIVER OF RIGHTS--FELONY INSTRUCTIONS: (1) Fill out this form if you want to plead guilty or no contest. (2) Read this form carefully. For each item, if you understand and agree with what you read, put your initials in the box to the right of the item. For any item that does not apply to you or that you do not understand, leave the box blank. (3) On page 6, sign and date the form under "DEFENDANT'S STATEMENT." (4) Keep in mind that the court cannot give legal advice. If you have any questions about anything in this form, ask your attorney. 1. CHARGES AND MAXIMUM TERM. I want to plead guilty or no contest ("nolo contendere") to the charges and allegations listed below. I understand that the minimum and maximum penalties for the charges to which I am pleading guilty or no contest are listed below. COUNT CHARGES (SECTION & DESCRIPTION) YEARS/MONTHS MINIMUM MAXIMUM PRIOR CONVICTIONS, ENHANCEMENTS, & SPECIAL ALLEGATIONS (SECTION & DESCRIPTION) YEARS/MONTHS MINIMUM MAXIMUM TOTAL MAXIMUM TIME AGGREGATE MAXIMUM TIME OF IMPRISONMENT 2. PLEA AGREEMENT. I understand that I must tell the court on this form about any promises anyone has made to me about the sentence I will receive or the sentence recommendations that will be made to the court. My attorney, the court, or the prosecutor has explained to me that if I plead guilty or no contest to the charges and admit the allegations listed above, the court will sentence me as follows: a. Check one: State Prison (or the Division of Juvenile Justice) County Jail for INITIALS (1) _______ years and ______ months or (2) not less than ______ years and ______ months and/or not more than ______ years and ______ months. (3) Other: (specify): b. Probation for ______ years under conditions to be set by the court, including: ______ days in the county jail or up to ______ days in the county jail. I understand that a violation of any of the conditions of probation, including failure to complete a drug education or treatment program, if ordered by the court, may cause the court to send me to county jail or state prison for up to the "Aggregate Maximum Time of Imprisonment" specified in item 1, which may include a period of mandatory supervision under Penal Code section 1170(h)(5)(B) if the court sends me to county jail. years and days in the county jail and c. Split Sentence (1170(h)(5)(B)): mandatory supervision under conditions set by the court. Form Approved for Optional Use Judicial Council of California CR-101 [Rev. January 1, 2013] years and days on Page 1 of 7 Penal Code, ยง 1016 www.courts.ca.gov PLEA FORM, WITH EXPLANATIONS AND WAIVER OF RIGHTS--FELONY (Criminal) American LegalNet, Inc. www.FormsWorkFlow.com CR-101 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: INITIALS CASE NUMBER: 2. d. Narcotics Addiction Confinement I understand that if the court finds that I am addicted to narcotics or in immediate danger of becoming a narcotics addict, the court may send me to a narcotics detention, treatment, and rehabilitation facility for up to the amount of time I would otherwise have served in prison. e. Open Plea 1. 2. 3. I understand the maximum and minimum sentences for the charges and allegations stated on page 1. No one has made any other promises to me about what sentence the court may order. I understand that I am not eligible for probation. I understand that I will not be granted probation unless the court finds at the time of sentencing that this is an unusual case where the interests of justice would be best served by granting probation. f. Restitution, Statutory Fees, and Assessments I understand that the court will order me to pay the following amounts (if an amount is not yet known, "TBD" for "to be determined" is entered next to the $); I must prepare financial disclosure statements to assist the court in determining my ability to pay; and refusal or failure to prepare the required financial disclosure statements may be used against me at sentencing: 1. $ __________ to the Victim Restitution Fund 2. 3. 4. 5. 6. 7. 8. 9. $ __________ restitution to actual victims $ __________ restitution to the State of California, Victims of Crime Fund $ __________ court operations assessment $ __________ court facilities assessment $ __________ base fine plus any applicable penalties, assessments, and surcharges $ __________ other (specify): __________________________________________________________ $ __________ other (specify): __________________________________________________________ An (additional) amount to be determined by the court at sentencing or such other hearing as the court may set. g. Parole Revocation or Probation Revocation Fine I understand that if I am sentenced to state prison, the court will impose a parole revocation fine, which will be collected only if my parole is later revoked. I also understand that if I am granted probation, the court will impose a probation revocation fine, which will be collected only if my probation is later revoked. h. Dismissal of Other Counts I understand that as part of the plea agreement bargain, the following counts will be dismissed after sentencing: __________________________________________________________________________________________ I understand and agree that the sentencing judge may consider facts underlying dismissed counts to determine restitution and to sentence me on the counts to which I am entering a plea. i. Other Terms (specify): CR-101 [Rev. January 1, 2013] PLEA FORM, WITH EXPLANATIONS AND WAIVER OF RIGHTS--FELONY (Criminal) Page 2 of 7 CR-101 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: 3. CONSEQUENCES OF MY PLEA a. No Contest ("Nolo Contendere") Plea I understand that a no contest plea is the same as pleading guilty and that if I plead no contest I will be convicted and my no contest plea could be used against me in a civil case. INITIALS b. Parole and Postrelease Community Supervision I understand that if I am sentenced to state prison or a narcotics treatment facility (1) I will be placed on parole or postrelease community supervision for up to __________ years after my release. (2) If I abscond or the court tolls my supervision, the total time of parole or postrelease community supervision can be extended. (3) If I violate any of the terms o
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