CR-102 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(s): DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS (Misdemeanor) Instructions: CASE NUMBER: · Fill out this form only if you want to plead guilty or no contest. · 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. · Sign and date the form under "DEFENDANT'S STATEMENT" on page 3. · Keep 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. 1. Charges and Maximum Penalties. I want to plead guilty or no contest to the charges listed below. I understand that the maximum penalties for the charges to which I am pleading guilty or no contest are listed below. COUNT INITIALS CHARGES (SECTION & DESCRIPTION) MAXIMUM PENALTY (FINE & JAIL) 2. Prior Convictions. I understand that I am also charged with a prior conviction in case number(s): 3. Probation Violations. I understand that I am also charged with a violation of probation in case number(s): 4. 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 choice to represent me throughout the proceedings. If I cannot afford to hire an attorney, the court will appoint one to represent me. I hereby give up my right to be represented by an attorney. 5. Other Constitutional Rights. I understand that I am entitled to each of the following rights concerning the charges and prior convictions (if any) listed in items 1 and 2 (above): a. Right to a jury trial. I understand that I have a right to a speedy and public jury trial. At the trial, I would be presumed to be innocent and I could not be convicted unless, after hearing all of the evidence, 12 impartial jurors chosen from the community were convinced beyond a reasonable doubt that I am guilty. Right to confront and cross-examine witnesses. I understand that I have the right to confront and crossexamine all witnesses testifying against me. This means that the prosecution must produce the witnesses in court to testify under oath in my presence and I or my attorney may question them. Right to remain silent and not incriminate myself. I understand that I have the right to remain silent and my silence cannot be considered as evidence against me. I understand that I also have the right not to incriminate myself and I cannot be forced to testify. b. c. Page 1 of 3 Form Approved for Optional Use Judicial Council of California CR-102 [Rev. July 1, 2015] DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS (Misdemeanor) www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CR-102 PEOPLE OF THE STATE OF CALIFORNIA v. CASE NUMBER: Defendant(s): INITIALS 6. Rights for Probation Violations (Leave this box blank if you are not charged with a probation violation). I understand that I have all the 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 judge. 7. Consequences of My Plea a. No contest plea. I understand that a no contest plea has the same effect as a guilty plea except that it cannot be used against me 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 conviction on other cases. I understand that a conviction in this case may be used to increase my punishment for future domestic violence convictions and may constitute a violation of any other current grant of parole or probation, which may result in additional punishment. c. Mandatory minimum conditions of probation. I understand that if I am granted probation, the terms and conditions will include at least all of the following (see Pen. Code, § 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) Other: d. e. Effect of future probation violation. I understand that if I violate any of the terms or conditions of probation, I may be returned to court and sentenced up to the maximum punishment on each charge as indicated in item 1. 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 of naturalization and amnesty, and that the appropriate consulate may be informed of my conviction. Firearm prohibition. I understand that a conviction in this case may prohibit me from owning, using, or possessing firearms and ammunition within 10 years under Penal Code sections 29805 and 30305. Child custody consequences. I understand that a conviction in this case may result in a rebuttable presumption that an award of 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 consequences (specify): f. g. h. 8. Before the Plea a. Discussion with my attorney (Leave this box blank if you are not represented by an attorney). Before entering this plea, I have had a full opportunity to discuss with my attorney the facts of the case, the elements of the charged offenses and prior convictions (if any), any defenses that I may have, my constitutional and statutory rights and waiver of those rights, the consequences 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 an