Advice Of Rights-Traffic Violations {TR-21}

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. SUPERIOR COURT OF CALIFORNIA ­ COUNTY OF SAN MATEO : Calendar No. ADVICE OF RIGHTS - TRAFFIC VIOLATIONS : The following represents a summary of the rights you have as a defendant in this Court. JUDICIAL SUBPOENA Plaintiff(s) IF YOU DO NOT UNDERSTAND THESE RIGHTS, BE SURE TO REQUEST A FURTHER EXPLANATION FROM THE COURT. -against: Each defendant has the following rights: (1) (2) To have the complaint or citation read in open court. : : To be represented by legal counsel at all stages of the proceedings and to be allowed a reasonable time to obtain Defendant(s) : . .an. attorney. .If. you .are .charged.with .a. misdemeanor .and. are. indigent, the Court will appoint an attorney to . ....... ... .. ...... ... ........... .. .. .... represent you. To plead guilty or not guilty or nolo contendere. A plea of nolo contendere has the same effect as a plea of guilty except that it cannot be used against you in a civil action. To confront and cross-examine witnesses who would testify against you. (3) (4) (5) (6) (7) (8) (9) THE PEOPLE OF THE STATE OF NEW YORK TO To the use of subpoena power of the Court to compel the attendance of witnesses in your behalf. A constitutional privilege against self-incrimination; you cannot be compelled to be a witness about this matter. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the you are charged with a misdemeanor, you are entitled to a jury trial.Court Honorable at the If located at County of inIfroomplead guilty or nolo contendere (no contest), you have the right o'clock in the , on the day of , 20 , at noon, and at any recessed you to delay sentencing for six hours and orsentence must be imposedand give evidenceSincewitnessbe inconvenient to return to court for sentencing, the adjourned date, to testify within five days. as a it may in this action on the part of the Court will assume that you prefer to be sentenced immediately unless you request a later date. If you wish to admit guilt and to give an explanation to the Court, you may do so after entering your plea of guilty. Your plea of guilty, however, is an admission of each punishable theaoffense and your explanation will be liable to Your failure to comply with this subpoena is element of as contempt of court and will make you considered whose behalf this subpoena was issued for aA reduced or suspended fine appears as a conviction on a the party on only in determining the appropriate penalty. maximum penalty of $50 and all damages sustained as your record. result of your failure to comply. MAXIMUM PENALTIES To have your case tried within 45 days following your arraignment. If you are not brought to trial within the time stated, your case must be dismissed unless good cause is otherwise shown. (10) Witness, Honorable one of assessments. A If you are convicted of any infraction you may be fined $500.00 base fine plus ,penaltythe Justices of the fourth conviction within one year County, treated as a misdemeanor. Your license may also be suspended as a may be Court in day of , 20 consequence of a conviction for certain violations. If you are convicted of a misdemeanor you may be sentenced to one (1) year in jail and be fined $1,000.00 base fine plus penalty assessments. Your license may also be suspended as a consequence of a name below) for (Attorney must sign above and type conviction certain violations. I HAVE READ THE ABOVE ADVICE OF RIGHTS AND UNDERSTAND THE SAME. I FURTHER UNDERSTAND THAT IF I SHOULD PLEAD GUILTY OR NOLO CONTENDERE, I WILL BE Attorney(s) for RIGHTS SET FORTH IN GIVING UP THE SECTIONS (2) THROUGH (8) ABOVE. I HEREBY AGREE TO HAVE A TRAFFIC REFEREE HEAR MY CASE. PLEASE PRINT: ADDRESS: _____________________________________________________________ Office and P.O. Address First Last _____________________________________________________________ _____________________________________________________________ Telephone No.: Zip Code City State Facsimile No.: _____________________________________________________________ Area Code Telephone Number E-Mail Address: _____________________________________________________________ Mobile Tel. No.: www.sanmateocourt.org American LegalNet, Inc. www.USCourtForms.com TELEPHONE: SIGNATURE: TR-21 [Rev. 7/04]