Misdemeanor Entry Of Plea | | California

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Misdemeanor Entry Of Plea |  | California

Last updated: 5/30/2015

Misdemeanor Entry Of Plea

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Description

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SUTTER MISDEMEANOR ENTRY OF PLEA People of the State of California, Plaintiff -vsCase No._____________________ _________________________________, Defendant. Comes now the Defendant above-named represented by_________________________________ and offers to: [X ] Enter plea(s) of guilty/no contest to the charge(s) Defendant violated the following Code Section(s)_________ Penal Code §484/490.5______________________________________________________________________. [X ] as set forth in the complaint or information [ ] admitting the truth of the alleged prior conviction(s) as set forth in the complaint or information [X ] on the following terms and conditions A. B. [ ] The Court dismisses, on the motion of the District Attorney, the following charge(s):_______ __________________________________________________________________________. [X ] That the Court impose only the following judgment: 24 months summary probation _XX_ search terms for narcotics and paraphernalia $ 390 fine + $_____ conviction assessment(s) alcohol/weapons/firearms/stolen property ____ hours/days in county jail $ 150 restitution fine + collection fee ____ DUI school/SB-38/batterer's treatment class anger management/teen alcohol program ____ no contact/batter/harass or annoy: _____________________________. ____ chemical test narcotics/alcohol XX $70 addl per count on misdemeanor conviction $75 addl per count on infraction conviction other:________________________________________________________________________ _____________________________________________________________________________ In making this offer the Defendant represents her/she understands each of the following rights initialed and expressly waives each and every right in relation to the present charge(s) as well as the prior conviction(s) alleged and admitted: ___[ ] 1. The right to be represented by an attorney or, if indigent, by the Public Defender; ___[X ] 2. The right to a speedy and public trial; ___[X ] 3. The right to a trial by jury or court; ___[X ] 4. The right to be confronted by adverse witnesses (to see, hear and question all witnesses against me); ___[X ] 5. The right to subpoena witnesses to testify on my behalf, and to present evidence in my own defense; ___[X ] 6. The right to remain silent, that is, not to be compelled to plead guilty or testify against myself. I understand the consequences of my plea are: ___[X ] 1. The maximum sentence is $ 3800.00 and/or 6 months in the county jail; ___[X ] 2. Must serve not less than_______hours/days in the county jail, and pay of fine of not less than $_390.00. ___[X ] 3. There have been no other representations or promises made to me other than what is stated on this entry plea form. ___[X ] 4. Theft offense: if imprisoned as a result of this plea, a subsequent arrest for petty theft may result in felony charges, which could result in a state prison sentence for up to 3 years. ___[ ] 5. Suspended license: ___[ ] For a second or subsequent conviction for Vehicle Code §14601.2 within 5 years, a mandatory minimum of not less than 30 days in the county jail; ___[ ] For a second or subsequent conviction for Vehicle Code §14601.1 (or second or subsequent conviction with previous VC §14601, §14601.2 or §14601.5) within 5 years, a mandatory minimum of not less than 5 days in the county jail; 10 days for §14601(a) or §14601.5 with prior. ___[X ] 6. A conviction may be used to violate your probation or parole, and you may be sentenced to maximum term. 06/14 American LegalNet, Inc. www.FormsWorkFlow.com ___[ ] 7. DUI: ____ [ ] For a second conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above, and a mandatory minimum of 90 days in the county jail. If probation terms shall include the following: 10-day minimum in jail (with at least 48 hours served consecutively), a minimum fine, noted above, and a two-year license suspension. Offender must complete an 18-month or 30month alcohol rehabilitation program. Failure to enroll or participate in program is a mandatory minimum of 30 days in the county jail and 18-months license suspension. Termination from the program requires a jail sentence of at least 90 days. ____ [ ] For a third conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above, a three year license suspension, and a mandatory minimum 120 days in the county jail. For a fourth or subsequent conviction, there is a minimum fine, a three-year license suspension, and a mandatory minimum of 180 days in the county jail; and it may be charged as a felony. ____ [ ] A conviction of Vehicle Code §23103/23103.5 (Wet Reckless) is treated as a §23152 prior. ___[ ] 8. I have only one opportunity to challenge the alleged prior conviction(s) and I knowingly, voluntarily and expressly waive my right to contest the alleged prior(s), knowing that some of the grounds for contesting the prior(s) are that I did not waive my right to an attorney, or my right to confront and examine witnesses, or my right to a jury trial, or my right against self-incrimination. ___[X ] 9. A plea of no contest carries the same possible penalties, from the court and/or the Department of Motor Vehicles as a guilty plea. ___[X ]10. If you are not a citizen, you are hereby advised that the conviction of the offense for which you have been charged may cause you to be deported from the United States, denied citizenship to the United States and denied re-entry into the United States should you leave the country. ___[ ]11. Firearms: You may not own, possess or have custody or control of a firearm for 10 years. Ownership, possession or custody or control of a firearm is a felony punishable by up to 3 years in state prison. ___[ ]12. Registration (H&S §11590): You must register as a drug offender for life. Failure to register is a misdeameanor. ___[ ]13. Registration (PC §290): You must register as a sex offender for life. Failure to register the first time is a misdemeanor. Failure to register the second or subsequent time is a felony, punishable by up to 3 years in state prison. ___[ ]14. PC §1000: If you are eligible for deferred entry of judgment or fail to complete the deferred entry of judgment program, you will be sentenced pursuant to the terms listed above. ___[ ]15. 647.6/314.1: A second or subsequent conviction is a felony, punishable by up to 3 years in prison. ___[ ]16. 273.5/243(d)/243.4/245: A second or subsequent conviction for violating 273.5 is

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