Advisement And Waiver Of Rights (Felony) {TUO-CR-150}

ADVISEMENT AND WAIVER OF RIGHTS (FELONY) Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 2 TUO-CR-150 (Revised ) TUO- CR-150 Potential Potential Count Charge F/M Sentencing Range Enhancements & Years Total Potential Sentence You have the following trial rights in connection with the charges which are now pending I understand I give up against you. You will be giving up all of the following rights if you enter a plea of guilty or this right. this right. or no contest. (Initial each box next to the applicable paragraph.) Jury Trial: You have the right to a jury trial on the charges which are pending against you. Confrontation: You have the right to confront the witnesses against you in trial; to see, hear and question all witnesses yourself or through your attorney. Subpoena: You have the right to subpoena witnesses for your defense. Testimony: You have the right to testify in your own defense. Self-Incrimination: You have the right to remain silent, and you cannot be forced to testify if you do not want to do so. Preliminary Hearing (if applicable): You have the right to a preliminary hearing to determine if there is probable cause to hold you to trial. Waiver of Appeal: I understand that I will be waiving my right to appeal and I will not be able to appeal from this Court222s sentence based on the plea that I enter into in this matter. Initial each box next to the paragraphs below to acknowledge you have read and understand the contents. Initial Registration Requirements: I understand that I will be required to register as a sex offender under Penal Code Section 290, or as a narcotics offender under Health & Safety Code Section 11590. Parole: I understand that if I am sentenced to state prison, either now or after violation of probation, I will be subject to a period of parole of up to five years following my release from state prison. Withdrawal of Plea: I understand that the judge222s acceptance of this plea is not binding; that before sentencing, the judge can withdraw approval, and that I will be allowed to withdraw my plea. Defendant222s Statement: I have read and understand the front and back of this form. I have had enough time to speak with my attorney; I have told my attorney everything I know about this case; my attorney has explained to me my rights, my defenses, and the possible consequences of my plea, including the consequences explained on the second page of this form. I am entering this plea freely and voluntarily. I understand that I may not withdraw this plea without a showing of good cause. Dated: Defendant222s Signature: 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. Date of Birth: Case Number: ADVISEMENT AND WAIVER OF RIGHTS (FELONY) Space below for use of Court Clerk only American LegalNet, Inc. www.FormsWorkFlow.com ADVISEMENT AND WAIVER OF RIGHTS (FELONY) Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 2 TUO-CR-150 (Revised ) Attorney222s Sta tement: I have explained the contents of this form to my client. I have had sufficient time to discuss this case with my client, including the elements of the crime, and I have advised him/her of his/her rights, defenses, and the consequences of his/her plea. I join in the waiver of the rights made by my client, including the right to a jury trial. Dated: Attorney222s Signature: Findings: The Court finds the defendant understands his/her constitutional rights, the nature of the crime(s) which he/she is admitting, the consequences of the plea, that the plea and waiver of rights have been knowingly and voluntarily made, and that there is a factual basis for the plea. Dated: Signature of the Court: Apprendi - Blakely Waiver: I hereby give up the right to a jury or court trial as to any sentencing factors that may be used to increase my sentence on any count, sentencing enhancement or allegation to the upper or maximum term provided by law. I hereby give up the right to a jury or court trial on any sentencing factors and consent to the judge determining the existence of any sentencing factors with the judge222s discretion as allowed by existing statues and rules of court. I also agree this waiver shall apply to any future sentence imposed following the revocation of probation. By initialing below, I ack- knowledge that I under- stand this right. By initialing below, I ack-knowledge that I give up this right. Vehicle Code 247247 23152, 23153: You are hereby advised that being under the influence of alcohol or d rugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and as a result of that driving someone is killed, you can be charged with murder. By initialing below, I acknowledge that I have read and understand this advisement: Fines and Restitution: You may be required to pay a fine of up to $50,000.00, plus penalty assessments. You are subject to a restitution fine of no less than $200.00, and up to $10,000.00. You will be require d to make restitution to the victim(s) for any losses suffered as a result of the crime(s). Probation Terms: You could be placed on probation or conditional sentence for a period of up to five years. As a condition of probation, you could be required to serve up to one year in the county jail. You could be required to report to the court or the probation department, be subject to search and seizure without probable cause, and you could be required to comply with other conditions in your case which deal with the crime to which you are pleading guilty or no contest to. State Prison if Probation Violated: If you violate the terms or probation, you may be sentenced to state prison for a period of time up to the maximum stated on the front of this form, and serve the period of parole as stated. Probation or Parole Violations: If you are already on probation or parole, your probation or parole can be revoked as a result of your entering this plea. Citizenship: If you are not a citizen of the United States , the conviction for the offense(s) charged may have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Serious or Violent Felony/Three Strikes Law: By ini tialing below and to the right, I acknowledge that I have read and understand this advisement. I understand that I am pleading guilty or no contest in Count(s) to a serious or violent felony (223strike224). The penalty for any future felony conviction will be increased as a result of my conviction in this case, depending on the number of strikes I have, up to a mandatory prison sentence of double the term otherwise provided (one strike prior), or a term of at least 25 years to life (two or more strike priors). I understand that I am admitting a prior strike conviction and that prison work-time credit that I may accrue will not exceed 20% of the total term of imprisonment. I understand that Count is considered a violent felony and that jail or prison conduct/work-time credit I may accrue will not exceed 15%. Co - Defendants: If you have co - defendants in this case, you agree that you are entering this plea because you think it is the right thing to do for yourself, and you are not doing it just to get a benefit for someone else. No Drugs or Alcohol: By signing this form, you agree that you are now sober, and that you have not recently consumed any drugs or alcohol that may affect your ability to understand these proceedings. American LegalNet, Inc. www.FormsWorkFlow.com