Criminal Change Of Plea Form. This is a California form and can be use in San Mateo Local County.
Tags: Criminal Change Of Plea, CR-35, California Local County, San Mateo
Form adopted for Mandatory UseLocal Court Form CRC -6 Rev. Jun 2018 CHANGE OF PLEA FORM-FELONYPage1of2 www.sanmateocourt.org SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice Northern Division 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 THE PEOPLE OF THE STATE OF CALIFORNIA PLAINTIFF vs. DEFENDANT DECLARATION CONCERNING A PLEA O R CHANGE OF PLEA TO GUILTY OR NOLO CONTENDERE; FINDING AND ORDER (FELONY) Case Number I, the above named defendant in the above - entitled criminal action, and in support of my motion, which will be made in open court personally and by my attorney, : 1. My attorney, in th is action is: 2. I am charged in the in this action with having violated (code, section(s), count(s) ) 3. guilty / nolo contendere to (state code, section(s) and count(s), including lesser offense(s) to which plea is to be made) 4. I do / do not understand the nature of the charge(s) against me. 5. I have / have not discussed the nature of the charge(s) against me and the possible defenses thereto with my attorney. 6. M y attorney has / has not explained my constitutional rights to a trial by jury, to confront witnesses against me, the process of the Court to compel the attendance of witnesses on my behalf, the right to remain silent or, if I so choose, to testify for myself. 7. I do / do not realize that I give up these rights by pleading guilty or nolo contendere. I understand that a plea of nolo contendere has the same legal effect as a plea of guilty. 8. I understand: a. that I am prohibited from owning, purchasing, receiving, possessing, or having under my custody or control any firearms, ammunition and ammunition feeding devices, including but not limited to magazines. b. that I am required to fi ll out a Prohibited Persons Relinquishment Form (PPRF) truthfully and in a timely manner. c. that I shall relinquish all firearms in accordance with procedures detailed in the PPRF. 9 . I understand that if I am not a citizen, conviction of the offense for which I have been charged will have the consequences of deportation, exclusion from admission to the United States or a denial of naturalization. 10 . guilty / nolo contendere has / has not been made freely and voluntarily, without threat or fear to me or anyone closely related to or associated with me. American LegalNet, Inc. www.FormsWorkFlow.com CHANGE OF PLEA FORM-FELONYPage2of2 11 . My attorney has / has not explained that the maximum penalty, including penalty assessments, that could be imposed as a result of my plea (s) of guilty or nolo contendere is 12 . I have / have not been induced to plead guilty or nolo contendere by any promise or representation of a lesser sentence, probation, reward, immunity or anything else except: 13 . I do / do not waive my right to be sentenced by the judge taking my plea and understand sentencing may occur before another judge. 14 . I do / do not understand that the matter of probation and sentence is to be determined solely by the Court and will not be decided until the report and recommendation by the Probation Department has been considered. The Court reserves the right to withdraw its consent to any sentence l imitation agreement, and in that event, I will be permitted to withdraw my plea (s) of guilty or nolo contende re and all charges will be reinstated. EXECUTED IN San Mateo County, California on , 20 . (Defendant222s Signature) states that he/she is the above named defendant222s attorney in the above entitled action he/she personally read and explained the contents of the above declaration to the defendant he/she personally observed the defendant fill in date and sign said declaration he/she after having investigated this case and the possible defenses thereto, concurs in the defendants plea(s) of guilty or nolo contendere to the charge(s) as set forth by the defendant in the above declaration and stipu lates there is a factual basis for the plea(s). DATED : (Attorney222s Signature) INTERPRETER CERTIFICATION (if applicable): I certify that I have been sworn or have a written oath on file and that I well and truly translated the entire contents of t his form to the defendant into Spanish Other (specify): The defendant stated to me that he/she understands the contents of this form, and then he/she initialed and signed the form. DATED: (Interpreter222s Signature) The people of the State of California plaintiff in the above-entitled criminal action, by and through its attorney, concur andstipulate there is a basis for the plea.DATED:STEPHENWAGSTAFFE,DISTRICT ATTORNEY ByDeputy Assistant District AttorneyFINDINGS AND ORDERcontendere,and having been advised as to his her rights, said plea is hereby accepted and ordered entered. The Court finds that thedefendant made a knowing, intelligent and voluntary waiver of the above rights, and that a factual basis exists for such plea(s).DATED: JUDGE OF THE SUPERIOR COURT JUDGE PRO TEM OF THE SUPERIOR COURT American LegalNet, Inc. www.FormsWorkFlow.com