Advisement Of Rights Waiver And Plea Form For Felonies {CR-124}

SUPERIOR COURT OF CALIFORNIA COUNTY: Reserved for Clerk's File Stamp COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS - PROPOSITION 36 (Penal Code § 1210 et seq.) INSTRUCTIONS CASE NUMBER: DEPARTMENT: Fill out this form if you wish to plead guilty or no contest to the charges against you in order to be placed on probation pursuant to Penal Code § 1210 et seq. ("Proposition 36 -- the Substance Abuse and Crime Prevention Act of 2000"). If you successfully complete the require ments of your probationary sentence as directed by the Court, you may petition the sentencing Court to set aside the conviction and dismiss the charges. If you do not successfully complete these requirements, the Court w ill revoke your probation and sentence you according to the otherwise applicable law, which may include a period of incarceration. Initial the box for each applicable item only if you understand it, and sign and date the form on page 4. If you have questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorney throughout the proceedings. 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 asked to pay all or part of the cost of that attorney, if I can afford it. 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 (Complete all items you are charged with.) 2. I understand that I am charged with the following offense(s): TYPE OF OFFENSE(S) AND SECTION NUMBER(S) INITIALS 1. 2. 3. If applicable - I understand that I am also charged with having the following prior conviction(s): LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. 4. If applicable - I understand that I am charged with violating the case(s): CASE NUMBER(S) AND DATE(S) probation order(s) in the following 4. 5. I understand the charge(s) against me, and the possible pleas and defenses. . CONSTITUTIONAL RIGHTS . . . . . 5. 6. RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of 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. . . . . . . . . . . . CR-124 (1-2012) See Next Page 6. 7. Page 1 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CONSTITUTIONAL RIGHTS (Continued) 8. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. . . . . . 9. RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and to have the Court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me. ......................... PRIOR CONVICTIONS AND PROBATION VIOLATIONS 10. If applicable - I understand that I have all of the above constitutional rights for all of the charges against me, including any charged prior convictions or probation violations. 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. (Note - Please complete No. 30 on page 3.). . . . . . . . . . . . . . SPEEDY PRELIMINARY HEARING (For charged felony offenses only) 11. If applicable - I understand that if I am charged with a felony, I have a statutory right to a preliminary hearing, and a right that this hearing be held within a specified period of time. I would also have all of the above constitutional rights at the hearing, except that it would be conducted before a judge, rather than before a jury (Note - Please complete No. 17 below.). . . . . . . WAIVER OF RIGHTS Understanding all of the above, for all of the charges in this case, including any prior convictions or probation violations, which may be presented against me at my trial (and preliminary hearing): 12. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 13. I give up my right to a jury trial. (Does not apply to charged probation violations). . . . . . . . . . 14. I give up my right to confront and cross-examine witnesses. . . . . . . . . . . . 15. I give up my right to remain silent and to not incriminate myself. . . . . . . . . . . 16. I give up my right to produce evidence and witnesses on my own behalf. . . . . . . . . 17. If applicable - I give up my right to a preliminary hearing before a judge as to any felony offenses. I also give up my right to have that hearing held within the specified period. . . . . . . . PARTICIPATION IN PROBATION UNDER PROPOSITION 36 18. I understand that conditions of my probation will require me to successfully complete a drug treatment program for a period of up to one year, as determined by the Court based upon the severity of my addiction and my criminal history. The treatment program may consist of out-patient treatment, in-patient residential treatment, narcotic replacement therapy, drug education or prevention courses, or a combination thereof. . . . . . . . . . . . . . . . . 19. I understand that I may also be required as a further condition of probation to complete community service hours and supplemental drug treatment services, including but not limited to vocational training, family counseling and literacy training. The court may also require me to participate in additional aftercare services for up to six months following completion of my drug treatment program. ........................... 20. I understand that I may be ordered to make restitution and to pay a restitution fine of $120 to $1,000 for a misdemeanor, or $240 to $10,000 for a felony, unless the Court finds compelling and extraordinary reasons not to impose the fine. Depending upon my ability to pay, I will also be required to pay for the cost of my placement in treatment and supervision services in a min