IC DV F-100 (Rev. 12-4-2017) 1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF INYO Plaintiff: PEOPLE OF THE STATE OF CALIFORNIA Defendant: Case No. DOMESTIC VIOLENCE ADVISEMENT OF RIGHTS, 1 If the Defendant is also pleading to a DUI charge, and/or other non-DV felony offenses, multiple plea forms must be completed. IC DV F-100 (Rev. 12-4-2017) 2 4. I understand that I am also charged with violating the probation order in case(s): *[ ] 5. I understand the charge(s) against me, and the possible pleas and defenses. [ ] CONSTITUTIONAL RIGHTS 6. RIGHT TO A PRELIMINARY EXAMINATION AND A JURY TRIAL-I understand that I have the right to a speedy and public preliminary examination and a jury trial. I understand that a preliminary examination is a hearing before a judge to determine if there is reasonable and probable cause to believe that the felony offense(s) charged have been committed, and committed by me. I further understand if I am ordered to stand trial after a preliminary examination, I have the right to a speedy and public trial by jury. At the trial, I would be presumed innocent, and I could not be convicted unless all 12 impartial jurors were convinced that the District Attorney222s Office had proven my guilt beyond a reasonable doubt. [ ] 7. RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES-I understand that at the preliminary examination and trial, I have the right to confront and cross-examine all witnesses testifying against me. I understand that I have the right to have them appear in Court and testify under oath in front of me, and that I or my attorney may ask them questions. [ ] 8. RIGHT AGAINST SELF-INCRIMINATION-I understand that I have the right to remain silent and not incriminate myself. I also understand that I have the right to testify on my own behalf, but only if I want to. I understand that I can not be forced or compelled to testify, and that if I elect to remain silent, my silence will not be considered as any evidence of guilt. I understand that by pleading guilty or no contest, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. I understand that if I am pleading no contest the Court will have no choice but to find me guilty of that charge(s), and a plea of no contest will not have any other benefit to me. [ ] 9. RIGHT TO PRODUCE EVIDENCE-I understand that I have the right at the preliminary examination and at trial to present evidence, and to have the Court issue subpoenas (or orders) to bring into court all witnesses and evidence favorable to me, at no cost to me. [ ] 10. RIGHTS ON CHARGES OF PRIOR CONVICTION(S) AND PROBATION VIOLATION(S)- If applicable-I understand that I have the right to an attorney, the right to a jury trial, the right to confront and cross-examine all witnesses, the right against self-incrimination, and the right to produce evidence for all the charges against me, including any charged prior 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. *[ ] American LegalNet, Inc. www.FormsWorkFlow.com IC DV F-100 (Rev. 12-4-2017) 3 WAIVER OF RIGHTS Understanding all this, for all the charges against me, including any prior conviction(s), enhancements, special allegations, and/or probation violation(s): 11. I give up my right to an attorney and I choose to represent myself. * [ ] 12. I give up my right to a preliminary examination (unless I have already had a preliminary examination in this case), and I give up my right to a jury trial. [ ] 13. I give up my right to confront and cross-examine witnesses. [ ] 14. I give up my right to remain silent and to not incriminate myself. [ ] 15. I give up my right to produce evidence and witnesses on my own behalf. [ ] CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 16. PENALTY: I understand that the possible consequences for the offense(s) charged include the following: Two (2), Three (3), or Four (4) years in state prison followed by a term of parole as provided by law, and $6,000 fine plus assessments. Two (2), Three (3), or Five (5) years in state prison followed by a term of parole as provided by law, and a $10,000 fine plus assessments, if I have a prior conviction within seven years under Penal Code Section 273.5, 243(d), 243.4, 244, 244.5 or 245, if the victim of the prior offense is a person designated under Penal Code Section 273.5(a)) I understand that if probation is denied or later revoked, I will be committed to serve my sentence in the California Department of Corrections and Rehabilitation (CDCR), and not in the County Jail. I understand this is not a PC 247 1170(h) offense. Parole is generally for a term of 3 years, except as provided in the footnote below, or as otherwise provided by law2. I also understand that if I violate parole, I may 2 Ten (10) years for defendants sentenced for an offense specified in 266266 (3), (4), (5), (6), (11), or (18) of subdivision (c) of Penal Code 247 667.5, unless a longer period of parole is specified in PC 247 3000.1. Ten (10) years for any defendant receiving a life sentence under PC 247 209(b), with the intent to commit a specified sex offense, or PC 247247 667.51, 667.61, or 667.71, unless a longer period of parole is specified in PC 247 3000.1. Twenty (20) years and six (6) months for a person convicted of and required to register as a sex offender for the commission of an offense specified PC 247247 261, 262, 264.1, 286, 288a, 288(b)(1), 288.5, or 289, in which one or more of the victims of the offense was a child under 14 years of age, unless for good cause the Board of Parole Hearings determines that the defendant will be retained on parole. As provided by PC 247 3000.1, the maximum parole period is the remainder of the defendant222s life, for murder, and any conviction under PC 247 209(a), if the offense was committed with the intent to commit a specified sexual offense, PC 247247 269, 288.7, 667.51(c), 667.71, in which one or more of the victims of the offense was a child under 14 years of age, or subdivision (j), (l), or (m) of PC 247 667.61. American LegalNet, Inc. www.FormsWorkFlow.com IC DV F-100 (Rev. 12-4-2017) 4 be returned to custody as provided by law. If I abscond or the court tolls my supervision, the total time of parole can be extended. If I violate any of the terms or conditions of my parole, I can be sentenced to county jail for up to 180 days for each violation, or returned to state prison for up to one year for each violation. I also understand that I may be released from prison on Postrelease Community Supervision (PRCS). If so, I will be under the supervision of the Probation Officer, and required to participate in the Inyo County Reentry Court Program. I understand that if I willfully violate the terms and conditions of PRCS, I may be returned to custody in the county jail for up to 180 days for each violation, for up to a maximum of 3 years. I will be subject to 223flash incarcerations224 in the discretion of the Probation Officer as provided by law. If I abscond or the court tolls my supervision, the total time of my Postrelease Community Supervision (PRCS) can be extended. Even if probation is granted, I may be required to serve up to one year in the county jail, as an initial term and condition of probation. If probation is ever revoked, I understand the maximum aggregate sentence can be imposed. If granted probation, I understand there will be a minimum of 15 days in jail if I have a prior conviction of PC 247 273.5 within seven years, and a 60-day minimum jail term if I have two or more prior convictions within seven years. I understand that the assessments will significantly increase the amount of the fine that I must pay. I understand that a $40 Court Operations Assessment will be imposed for each count for which I am convicted. (PC 247 1465.8(a)(1)) Also, a $30 Criminal Conviction Assessment will be imposed for each felony and misdemeanor count for which I am convicted, and $35 assessment for each infraction count for which I am convicted. (Govt. Code 247 70373) The Court may also impose a $10 citation fee (cite and r