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Domestic Violence Advisement Of Rights Waiver And Misdemeanor Plea Form. This is a California form and can be use in Inyo Local County.
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Tags: Domestic Violence Advisement Of Rights Waiver And Misdemeanor Plea Form, IC DV M-100, California Local County, Inyo
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF INYO
Plaintiff: PEOPLE OF THE STATE OF CALIFORNIA
Defendant: _____________________________________
Case No. ________________________
DOMESTIC VIOLENCE ADVISEMENT OF RIGHTS,
WAIVER, AND MISDEMEANOR PLEA FORM
Fill out this form if you wish to plead guilty or no contest to the charges against you.
Place your initials within the brackets for each applicable item only if you understand it,
and sign and date the form on the last page. Some items, especially those brackets noted
by an asterisk (*) may not be applicable in your case. “N/A” may be placed within any
brackets for items that are not applicable. If you have any questions about your case, the
rights you would be giving up by pleading guilty or no contest, the possible sentence, or
the information on this form, ask your attorney or the judge.
1.a. RIGHT TO AN ATTORNEY: I understand that I have the right to be represented
by an attorney throughout the proceedings. I have the right to hire or retain an attorney of
my own choice. 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 ordered to pay all or part of the cost
of that attorney, if I can afford to. If the Court orders me to reimburse the County of Inyo
for all or a portion of the public defender services provided to me, that order will have the
same force and effect of a civil judgment against me.
[
]
1.b. 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
2. I understand that I am charged with the following offense(s):
(check the appropriate box and/or write in the code section(s) below)
[
] Penal Code Section 273.5(a)
[
] Penal Code Section 243(e)(1)
[
] Penal Code Section 273.6
[
] ________________________
_________________________________________________________________[
]
3. I understand that I am also charged with having the following prior conviction(s):
________________________________________________________________*[
]
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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 JURY TRIAL-I understand that I have the right to a speedy and public
jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless
all 12 impartial jurors were convinced that the District Attorney’s Office had proven 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. 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).
[
]
9. RIGHT TO PRODUCE EVIDENCE-I understand that I have the right 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 selfincrimination, 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.
*[
]
WAIVER OF RIGHTS
Understanding all this, for all the charges against me, including any prior conviction(s) or
probation violation(s):
11. I give up my right to an attorney and I choose to represent myself.
IC DV M-100 (02-2006)
*[
]
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12. 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:
•
•
•
•
•
•
One (1) year in Jail
Mandatory minimum of 48 hours in jail if probation is granted and I have a
previous conviction for Penal Code § 243(e). Minimum of 15 days in jail if I
have a prior conviction of PC § 273.5 within seven years, and a 60-day minimum
jail term if I have two or more prior convictions within seven years. Mandatory
minimum of 30 days in jail for a violation of PC §§ 273.6(b) and 273.6(e), unless
the Court reduces the minimum in the interests of justice as further provided by
the statute.
$ 2,000 fine plus assessments for a conviction of PC § 243(e); $6,000 fine plus
assessments for a conviction of PC § 273.5(a), and up to $10,000 if I have one or
more prior convictions; $1,000 fine plus assessments for a conviction of PC §
273.6(a), and a $2,000 fine plus assessments for a conviction of PC §§ 273.6(b) or
(e). I understand that the assessments will significantly increase the amount of the
fine that I must pay. A $20 security fee/assessment will also be imposed for every
count or charge for which I am convicted.
Successful completion of a batterer’s treatment or other counseling program of at
least one year (52 weeks) in duration. Progress reports will be sent to the Court
by the treatment program at least every three (3) months, and review hearings will
be held by the Court.
Payment up to $5,000 to a battered women’s shelter
Payment of Victim Restitution, including the cost of the Victim’s counseling and
other expenses incurred by the Victim(s). I understand that prior to my probation
and sentencing hearing, I must provide the Probation Department and file with the
Clerk of this Court a disclosure form (Judicial Council Form CR-115 which is
available at the Clerk’s Office) as required by Penal Code § 1202.4(f)(4&5),
including, but not limited to, identifying all assets, income, and liabilities in which
I held or controlled a present or future interest as of the date of my arrest for the
crime for which restitution may be ordered. I understand that I must also file with
the Court a new and updated financial disclosure form 120 days before the
scheduled termination of my probation or conditional sentence, if I still owe
money on a victim restitution order or restitution fine. [PC § 1202.4(f)(11)]
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•
Mandatory requirements of Penal Code § 1203.097 - If granted probation I
understand that the Court must also impose the following terms of probation:
o Thirty-six (36) months as a minimum term of probation
o Issuance of a criminal protective order protecting the Victim from further
acts of violence, threats, stalking, sexual abuse, and harassment, and if
appropriate, the order will contain residence exclusion and/or stay-away
and no contact conditions
o Possible participation in a chemical dependency program
o I will be ordered to be submit to booking by law enforcement within one
week of sentencing, if I have not already been booked, so to create a
criminal history and record
o In addition to other fines, fees, and restitution, a minimum four hundred
dollar ($400) fee shall be ordered paid under PC § 1203.097(a)(5)
o Mandatory community work service [PC § 1203.097(a)(8)]
o The Victim will be notified of the disposition of this case
•
Mandatory state restitution fine-In addition to Victim Restitution and other fines
and fees, the Court will impose a State Restitution Fine in the minimum amount
of $100 and the maximum amount of $1,000 [PC § 1202.4(b)(1)] A Probation
Revocation Restitution Fine will also be imposed in the same amount as the state
restitution fine, however, the Probation Revocation Restitution Fine will be
suspended upon successful completion of the entire probationary term. [PC §
1202.44]
•
Ten Year Firearm Prohibition-The Court will order and the law otherwise
provides a ten (10) year firearm prohibition, so that I can not own, possess, or
have custody or control over any type of firearm for ten years from the date of
conviction. Violation of that prohibition may subject me to separate federal
and/or state felony prosecution. [PC § 12021(c)(1)]
[
•
]
I understand and agree that the facts and circumstances of any counts, charges or
cases dismissed with a “Harvey Waiver” may be considered by the Probation
Department and the Court in imposing probation terms and/or in the
pronouncement of judgment (sentencing) in my case.
*[
]
17. I understand that if I am not a citizen of the United States of America, a plea of guilty
or no contest could result in my deportation from this country, permanent exclusion from
admission to this country, and denial of naturalization or citizenship.
[
]
18. I understand that if I am on probation or parole in any other case, in this or any other
jurisdiction, my plea of guilty or no contest in this case may be used against me and result
in the violation or revocation of my probation and/or parole, and subject me to the
maximum penalties that could be imposed in any other case or cases that I might be on
probation or parole. I understand the maximum penalty that can be imposed for any
[
]
applicable probation or parole violations.
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19. I understand that at the probation and sentencing hearing the Court has the discretion
or right to reject the settlement agreement in this case. If the Court does so, I understand
my plea(s) will be tendered back to me, and I will be returned to the same procedural
status I am in now (with the right to a jury trial), but that would occur at some unknown
future date.
[
]
20. I understand that if I plead guilty or no contest, I should assume that doing so is a
permanent and final decision. I understand that I will not be allowed to simply change
my mind at a future date. I understand that pleas are allowed to be withdrawn only if
there is a legal basis and good cause shown for doing so.
[
]
21. I understand that a plea of no contest (nolo contendere) will have exactly the same
effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit
unless the offense is punishable as a felony.
[
]
PLEAS
22. I acknowledge that I have had an adequate opportunity to discuss the decision to
plead guilty or no contest with an attorney and to consider this decision. I understand the
rights I am giving up and the consequences of pleading guilty or no contest. I do not
have any questions. I have not consumed any alcohol or drugs that in any way may be
adversely affecting my thinking, judgment, or reasoning ability at this time.
[
]
23. In exchange for changing my plea to guilty or no contest, I have been promised the
following:
________________________________________________________________________
No other promises have been made to me except as set forth above in writing. No one
has threatened me, or anyone close to me, to get me to change my plea(s) to guilty or no
contest.
[
]
24. I hereby freely and voluntarily plead _______________________________ to the
following charge(s):
(Guilty or No Contest)
_________________________________________________________________ [
]
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25. I freely and voluntarily admit the prior conviction(s) listed on this form. I
understand that this admission will increase the penalties which are imposed on me.
*[
]
26. I freely and voluntarily admit the probation violation(s) list on this form and give up
my right to a hearing before a judge regarding the probation violation(s).
*[
]
27. I understand that I have the right to a delay of from 6 hours to 5 days prior to being
sentenced, I give up this right and agree to be sentenced at this time.
*[
]
28. I understand that I have the right to have the Court pronounce judgment within five
calendar days from the date of entry of my plea(s) of guilty or no contest, which may be
extended to 20 calendar days if probation is being considered. I waive or give up these
rights, and agree that my probation and sentencing can be held beyond the 5 day and 20
day time periods
.
*[
]
29. I understand that I have the right to be sentenced by the Judge who accepts my plea(s)
of guilty or no contest. I do hereby enter an Arbuckle waiver, and give up my right to be
sentenced by the Judge who takes my plea, and agree that I may be sentenced by another
Judge.
*[
]
30. I understand that I must be present at my probation and sentencing hearing.
[
]
DATED: _______________________________
DEFENDANT’S SIGNATURE: _____________________________________________
ATTORNEY’S STATEMENT
I am the attorney of record for the Defendant. I have reviewed this form and any addenda
with my client. I have explained each of the defendant’s rights to the defendant and
answered all of the defendant’s questions with regard to this plea. I have also discussed
the facts of the defendant’s case with the defendant, and explained the consequences of
this plea, the elements of the offense(s), and the possible defenses. I concur in this plea
and in the defendant’s decision to waive his or her constitutional rights.
________________________________
_______________________
Signature of Defendant’s Attorney
Date
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INTERPRETER’S STATEMENT
I, having been sworn or having a written oath on file, certify that I truly translated this
form to the defendant in the language indicated below. The defendant stated that (s)he
understood the contents of the form, and then (s)he initialed and signed the form.
Language: [
]
Spanish
________________________________
Court Interpreter’s Signature
[
] Other: (Specify) _______________________
_____________________________
Type or Print Name
______________
Date
COURT’S FINDINGS AND ORDER
The Court, having reviewed this form and any addenda, and having questioned the
defendant concerning the defendant’s constitutional rights and the defendant’s plea(s),
admission of prior conviction(s) and probation violation(s), if any, finds that the
Defendant has expressly, knowingly, understandingly, and intelligently waived his or her
constitutional rights. The Court further finds that the defendant’s waiver of rights, plea(s)
and admission(s) are freely and voluntarily made with a knowing and intelligent
understanding of the nature and consequences thereof, and that there is a factual basis for
the plea(s) and admission(s). The Court accepts the defendant’s plea(s), the defendant’s
admission to prior conviction(s) and probation violation(s), if any, and orders this form
filed and incorporated in the docket by reference as though fully set forth therein.
___________________________________________
Judge of the Superior Court
IC DV M-100 (02-2006)
____________________
Date
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