Advisement Of Rights Waiver Of Plea Form For Felonies Form. This is a California form and can be use in Tuolumne Local County.
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ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code 247 1210, et seq.] Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 6 TUO-CR-125 (Revised ) TUO- CR-125 INSTRUCTIONS Fill out this form if you wish to plead guilty to the charges against you in order to be placed on probation pursuant to Penal Code 247 1210, et seq. (Proposition 36). If you successfully complete your Proposition 36 probation, you may petition the sentencing Court to set aside the conviction and dismiss the charges. If you do not successfully complete these requirements, the Court will revoke your probation and sentence you according to the otherwise applicable law, which may include a period of incarceration. Initial the box for each applicable item only if you understand it, and sign and date the form on page 5. If you have questions about your case, the possible sentence, or the information on this form, ask your attorney or the Judge. INITIAL RIGHT TO AN ATTORNEY 1.I understand that I have the right to be represented by an attorney throughout r the proceedings. 1. NATURE 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) 2. 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) 3. 4.If applicable - I understand that I am charged with violating the probation order(s) in the following cases: CASE NUMBER(S) AND DATE(S) 4. 5.I understand the charge(s) against me, and the possible pleas and defenses. 5. SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 60 N. Washington Street Sonora, CA 95370 (209)533-5563 The People of the State of California, Plaintiff, vs. Defendant. Case Number: ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code 247 1210, et seq.] Space below for use of Court Clerk only American LegalNet, Inc. www.FormsWorkFlow.com ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code 247 1210, et seq.] Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 6 TUO-CR-125 (Revised ) CONSTITUTIONAL RIGHTS 6.RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, publicjury trial. At the trial, I would be presumed innocent, and I could not be convictedunless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. 6. 7.RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES - I understand that I have the right to confront and cross-examine all witnesses testifying againstme. 7. 8.RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right toremain silent and not incriminate myself, and the right to testify on my own behalf.I understand that by pleading guilty, or admitting prior conviction(s) or probationviolation(s), I am incriminating myself. 8. 9.RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to presentevidence and to have the Court issue subpoenas to bring into court all witnessesand evidence favorable to me, at no cost to me. 9. PRIOR CONVICTIONS AND PROBATION VIOLATIONS 10.If applicable - I understand that I have all of the above constitutional rights for all of the charges against me, including any charged prior convictions or probationviolations. However, for a charge of violating probation, I do not have the right toa jury trial, although I do have the right to a hearing before a Judge. (Note -Please complete No. 30 on page 4.) 10. SPEEDY PRELIMINARY HEARING (For charged felony offenses only) 11.If applicable - I understand that if I am charged with a felony, I have a statutoryright to a preliminary hearing, and a right that this hearing be held within aspecified period of time. I would also have all of the above constitutional rights atthe hearing, except that it would be conducted before a Judge, rather than beforea jury. (Note - Please complete No. 17 on page 3.) 11. WAIVER OF RIGHTS Understanding all of the above, for all of the charges in this case, including any prior convictions or probation violations, which may be presented against me at my trial (and preliminary hearing): 12.I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 12. 13.I give up my right to a jury trial. (Does not apply to charged probation violations orto preliminary hearing.) 13. American LegalNet, Inc. www.FormsWorkFlow.com ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code 247 1210, et seq.] Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 3 of 6 TUO-CR-125 (Revised ) 14.I give up my right to confront and cross-examine witnesses. 14. 15.I give up my right to remain silent and to not incriminate myself. 15. 16.I give up my right to produce evidence and witnesses on my own behalf. 16. 17.If applicable - I give up my right to a preliminary hearing before a Judge as to anyfelony offenses. I also give up my right to have that hearing held within thespecified period. 17. PARTICIPATION IN PROBATION UNDER PROPOSITION 36 18.I understand that conditions of my probation will require me to successfullycomplete a drug treatment program for a period of up to one year, as determined by the Court based upon the severity of my addiction and my criminal history. The treatment program may consist of out-patient treatment, in-patient residentialtreatment, narcotic replacement therapy, drug education or prevention courses, ora combination thereof. 18. 19.I understand that I may also be required as a further condition of probation tocomplete community service hours and supplemental drug treatment services,including but not limited to vocational training, family counseling and literacytraining. The Court may also require me to participate in additional aftercareservices for up to six months following completion of my drug treatment program. 19. 20.I understand that I may be ordered to make restitution and to pay a restitution fine of $100 for a misdemeanor, or $200 for a felony, unless the Court finds compelling and extraordinary reasons not to impose the fine. Depending upon myability to pay, I will also be required to pay for the cost of my drug testing. If thesefees and costs are not waived by the Court, I will not be able to have my casedismissed until these fees are paid. 20. 21.I understand that I must register with the Chief of Police or County Sheriff as acontrolled substance offender. Failure to do so will constitute a misdemeanor. 21. 22.I understand that I may be required to undergo urine analysis, or any other test, totest for the presence of drugs or alcohol. 22. 23.I understand that if I successfully complete all of the conditions of my probation, Imay petition the sentencing Court to set aside the conviction and dismiss thecharges. If the Court finds that I have completed all aspects of my drug treatmentprogram, including aftercare and supplemental services, and finds that there isreasonable cause to believe that I will not abuse controlled substances in the future, then the conviction will be set aside and the charges dismissed. 23. American LegalNet, Inc. www.FormsWorkFlow.com ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM FOR FELONIES AND/OR MISDEMEANORS PROPOSITION 36 [Penal Code 247 1210, et seq.] Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 4 of 6 TUO-CR-125 (Revised ) 24.I understand that if the charges are dismissed as indicated above, the arrest will be deemed to never have occurred and the record of the arrest and convictionmay not be used without my consent to deny me any employment benefit, license,or certificate. However, I must still disclose my arrest and conviction upon anyapplication for a position as a peace officer, for public office, or for a license by astate or local agency. I will also be respo nsible to disclose the arrest and conviction when contracting with the California State Lottery and for purposes ofserving on