(Rev. ) Page 1 of 4 INITIAL S 1. 2. 3. 4. 5. 6. 7. 8. 9. SUPERIOR COURT OF CALIFORNIA Reserved for Clerk222s File Stamp COUNT Y : COUNTY OF PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM CASE NUMBER: DEPARTME: INSTRUCTIONS Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it, and sign and date the form on page 3. If you have any 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, butat the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can affordto. 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 myselfNATURE 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) 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) 4.If applicable - I understand that I am also charged with violating the probation order in thefollowing case(s): CASE NUMBER(S) AND DATE(S) 5.I understand the charge(s) against me, and the possible pleas and defensesCONSTITUTIONAL RIGHTS 6.RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public jury trial. At thetrial, 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 WITNESSES - I understand that I have the right to confront and cross-examine all witnesses testifying against me. To have them appear in court, testify under oath in front of me, and to ask them questions, or have my attorney ask them questions. 8.RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent andnot incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, or admitting other conviction(s) or probation violation(s), I am incriminating myself and giving up my right to remain silent. 9.RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and tohave the Court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me. American LegalNet, Inc. www.FormsWorkFlow.com (Rev. ) Page 2 of 4 INITIAL S 10. 1 1. 12. 13. 14. 15. 16. 17. 18. RIGHTS ON CHARGES OF PRIOR CONVICTION(S) AND PROBATION VIOLATION(S) 10.If applicable - I understand that I have the right to an attorney, the right to a jury trial, theright to confront witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all charges against me, including other alleged conviction(s) or probation violation(s). 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. WAIVER OF RIGHTS Understanding all of the above, for all of the charges against me, including any other alleged conviction(s) or probation violation(s): 11.I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.).12.I give up my right to a jury trial13.I give up my right to confront and cross-examine witnesses14.I give up my right to remain silent and to not incriminate myself15.I give up my right to produce evidence and witnesses on my own behalfCONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 16.Penalty: I understand that the possible consequences for the offense(s) that I am pleading nocontest or guilty to include the following: 225 SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX. OTHER CONSEQUENCES: 225 SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX. OTHER CONSEQUENCES: 225 SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX. OTHER CONSEQUENCES: 225 SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX. OTHER CONSEQUENCES: 17.I understand that in addition to the fine, the Court will add assessments to the base fine whichwill significantly increase the amount I must pay, I understand that the court will order me topay other assessments, which will increase the amount I must pay, including the following: Foreach misdemeanor count (conviction) I will be ordered to pay a $40 court operations assessment,and a $30 criminal conviction assessment ($35 per infraction). I will also be ordered to makerestitution to the victim(s), and to pay a restitution fine no less than $150 and up to $1000,unless the Court finds compelling and extraordinary reasons not to impose the fine. If I am grantedprobation, an additional probation revocation restitution fine will be imposed, but suspended uponmy successful completion of probation. (PC 247 1202.44) I also understand that if I am convicted ofviolations of the Health & Safety Code I will be ordered to pay fees under Penal Code 247 1463.23of $287, a fee under H&S Code 247 11372.5 of $50, and a fee under H&S Code 247 11372.7 of $615.If I am convicted of a theft related offense, I will also be ordered to pay $41 per count under PC 2471202.51. As may be applicable, I will also be ordered to pay a $10 cite and release fee, or a $25Administrative Screening (O.R.) release fee.18.I understand that if I am not a citizen of the United States of America, a plea of guilty or nocontest could result in my deportation from this country, exclusion from admission to the UnitedStates of America, and denial of naturalization or citizenship. (PC 247 1016.5) American LegalNet, Inc. www.FormsWorkFlow.com (Rev. ) Page 3 of 4 INITIAL S 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) 19.I understand that a plea of no contest (nolo contendere) will have exactly the same effect in thiscase as a plea of guilty, but it cannot be used against me in a civil lawsuit 20.I understand that any plea entered in this case may be grounds for revoking probation or parolewhich has previously been granted to me in any other case 21.IF APPLICABLE - FIREARM AND AMMUNITION PROHIBITION: I understand that I will beprohibited by law from owning, purchasing, receiving, possessing, or having under mycustody or control any firearms, ammunition, and ammunition feeding devices, includingbut not limited to magazines, for a period of ten (10) years from the date of conviction.Violation of that prohibition may subject me to separate federal and/or state felony prosecution.The Court will notify the Department of Justice of this conviction (See PC 247247 29805, 30305,29855 and 29860) I also understand that I will be ordered to comply with the firearmrelinquishment requirements of PC 247 29810.22.IF APPLICABLE 226 DRIVERS LICENSE SUSPENSION: I understand that my privilege to drivea motor vehicle will be suspended or delayed for up to two (2) years for a conviction of PC 247 594 (vandalism); and for one year if I am convicted of an alcohol or drug related offense, and I was under the age of 21 years at the time of the commission of the drug or alcohol related violation. (See Vehicle Code 247 13202.5) IF APPLICABLE: NON-STATUTORY DEFERRED ENTRY OF JUDGMENT (DEJ) 23.I understand that I am waiving time for speedy sentencing to participate in a non-statutory orinformal Deferred Entry of Judgment (DEJ) program with the District Attorney222s Office. I understand that I must successfully complete the terms, conditions, and/or programs ordered by the Court. If I do so, for the entire term of Deferred Entry of Judgment (DEJ), then my plea of no contest or guilty will be set aside, a plea of not guilty entered, and the matter will be dismissed. If I fail to do so, I will be returned to Court for sentencing, and the maximum sentence can be imposed. PLEA(S) 24.I hereby freely and voluntarily pleadto the following: GUILTY OR N