Domestic Violence Plea Form And Waiver of Rights

DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS (Misdemeanor) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS For Court Use Only PEOPLE vs Defendant DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS (Misdemeanor) COURT CASE NUMBER DA CASE NUMBER Instructions: 225Fill out this form only if you want to plead guilty or no contest.225Read this form carefully. For each item, if you understand and agree with what you read, put your initials in the box to the rightof the item. For any item that does not apply to you or that you do not understand, leave the box blank.225Sign and date the form under "DEFENDANT'S STATEMENT" on page 3.225Keep in mind that the court cannot give legal advice. If you have an attorney and have questions about anything in this form, ask your attorney. INIT IALS 1.Charges and Maximum Penalties. I want to plead guilty or no contest to the charges listed below. I understand thatthe maximum penalties for the charges to which I am pleading guilty or no contest are listed below. COUNT CHARGES (S E C TI ON & DESCRIPTION) MAXIMUM PENALTY (FINE & JAIL) 2.I have not been induced to enter the above plea by any promise or representation to any kind, except:(State any agreement with the prosecutor.) Prior Convictions. I understand that I am also charged with a prior conviction in case number(s):Probation Violations. I understand that I am also charged with a violation of probation in case number(s):Right to an Attorney (Leave this box blank if you have an attorney). I understand that I have the right to an attorney of my choiceto represent me throughout the proceedings. If I cannot afford to hire an attorney, the court will appoint one to represent me. Ihereby give up my right to be represented by an attorney.Other Constitutional Rights. I understand that I am entitled to each of the following rights concerning the charges andprior convictions (if any) listed in items 1 and 2 (above):Right to a jury trial. I understand that I have right to a speedy and public jury trial12 jurors beyond a reasonable doubt. American LegalNet, Inc. www.FormsWorkFlow.com DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS (Misdemeanor) Defendant CAS E N UMBER : INIT IALSb.Right to confront and cross-examine witnesses. I understand that I have the right to confront and cross- examine allwitnesses testifying against me. This means that the prosecution must produce the witnesses in court to testify under oath inmy presence and I or my attorney may question them.c.Right to remain silent and not incriminate myself. I understand that I have the right to remain silent and my silence cannotbe considered as evidence against me. I understand that I also have the right not to incriminate myself and I cannot be forcedto testify.7.Rights for Probation Violations (Leave this box blank if you are not charged with a probation violation). I understand that I have allthe constitutional rights listed above for all probation violations charged against me, except that I do not have a right to a jury trial,only a court hearing before a judge8.Consequences of My Pleaa.No contest plea. I understand that a no contest plea has the same effect as a guilty plea except that it cannot be used againstme in a civil case that derives from an act on which this prosecution is based unless the offense is punishable as a felony.b.Effect of convict ion on other cases. I understand that a conviction in this case may be used to increase my punishment forfuture domestic violence convictions and may constitute a violation of any other current grant of parole or probation, which mayresult in additional punishment.c.Mandatory minimum conditions of probation. I understand that if I am granted probation, the terms and conditions willinclude at least all of the following (see Pen. Code, 247 1203.097): (1)A minimum of either 36 months (3 years) or 48 months (4 years) of probation;(2)A criminal court protective order that may include residence exclusion or stay-away conditions;(3)Booking within one week of sentencing if I have not already been booked(4)Several statutory fines, fees, and assessments, including a domestic violence fee, restitution fine, probation revocation fine(stayed), criminal conviction assessment, and court security fee;(5)Successful completion of an appropriate batterer's treatment program lasting at least 52 weeks;(6)Community service; (7)Restitution to the victim (if applicable);(8)An order to not own, possess, purchase, or receive any firearms;(9)An order to relinquish any firearms in my possession or control; and(10)Otherd.Effect of future probation violation. I understand that if I violate any of the terms or conditions of probation, I may be returnedto court and sentenced up to the maximum punishment on each charge as indicated in item 1.e.Immigration consequences. I understand that if I am not a citizen of the United States, my plea of guilty or no contest may or,with certain offenses, will result in my deportation, exclusion from admission and reentry to the United States, and denial ofnaturalization and amnesty, and that the appropriate consulate may be informed of my conviction.f.Firearm prohibition. I understand that a conviction in this case may prohibit me from owning, using, or possessing firearms andammunition within 10 years under Penal Code sections 29805 and 30305.g.Child custody consequences. I understand that a conviction in this case may result in a rebuttable presumption that an awardof sole or joint physical or legal custody of a child is detrimental to the best interest of the child under Family Code section 3044.OTHER WAIVERS 9.(Appeal Rights) I give up my right to appeal the following: (a) denial of my 1538.5 motion, (b) issues related to strikes priors (underPC section 667(b)-(i) and 1170.2); and (c) any sentence stipulated herein.10.(Harvey Waiver) The sentencing judge may consider my prior criminal history and the entire factual background of the case,including any unfiled, dismissed, or stricken charges or allegations or cases when granting probation, ordering restitution, or imposingsentence.11.(Arbuckle Waiver) I give up my right to be sentenced by the judge who accepts this plea.12.Before the Pleaa.Discussion with my attorney (Leave this box blank if you are not represented by an attorney). Before entering this plea, I havehad a full opportunity to discuss with my attorney the facts of the case, the elements of the charged offenses and priorconvictions (if any), any defenses that I may have, my constitutional and statutory rights and waiver of those rights, theconsequences of this plea, and anything else I think is important to my case.b.Questions. I have no further questions for the court or for my attorney with regard to my plea and admissions in this case or anyof my rights or anything else on this form.13.Waiver of Constitutional Rights. For each of the charges, prior convictions (if any), and probation violations (if any) listed in items 1,2, and 3, I give up my right to a jury trial, my right to a court hearing, my right to confront and cross- examine witnesses, and my rightto remain silent and not to incriminate myself. I understand that I am, in fact, incriminating myself with my plea.14.The Plea (check one). I freely and voluntarily plead GUILTYNO CONTEST to the charges listed in item 1. I offer my plea with full understanding of everything in this form. No one has made any threats; used any force against me, my family, or loved ones; or made any promises to me, except as listed in this form, in order to convince me to plead guilty or no contest. American LegalNet, Inc. www.FormsWorkFlow.com DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS (Misdemeanor) Defendant CAS E N UMBER : 15.Prior Convictions. I freely and voluntarily admit the prior convictions (if any) listed in item 2, and I understand that thisadmission may increase the penalties that are imposed on me.16.Probation Violations. I freely and voluntarily admit the probation violations (if any) listed in item 3.17.Sentencing. I understand that I have a right to delay my sentencing at least 6 hours and as long as 5 days after my plea. Igive up this right and agree to be sentence