Misdemeanor Advisement Of Rights Waiver And Plea Form {CR-130}

SUPERIOR COURT OF CALIFORNIA COUNTY: Reserved for Clerk's File Stamp COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM CASE NUMBER: DEPARTMENT: INSTRUCTIONS Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it, and sign and date the form on page 3 . If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorney throughout the proceedings. 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 asked to pay all or part of the cost of that attorney, if I can afford to. 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 (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) INITIALS 1. 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 also charged with violating the in the following case(s): CASE NUMBER(S) AND DATE(S) probation order 4. 5. I understand the charge(s) against me, and the possible pleas and defenses. CONSTITUTIONAL RIGHTS ........ 5. 6. RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. . . . . . . . . . . . . . . . . . . . 7. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me. . . . . . . . . . . . . . . . . . . . . . 8. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not 6. 7. incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. . 9. RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and to have the Court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CR-130 (Rev. 1-2012) See Next Page 8. 9. Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com RIGHTS ON CHARGES OF PRIOR CONVICTION(S) AND PROBATION VIOLATION(S) 10. If applicable - I understand that I have the right to an attorney, the right to a jury trial, the right to confront 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. . . . . . . . . . . . . . . . . . . . . . . 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. (Does not apply if you have an attorney.) 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: o _____________ SECTION NUMBER OTHER CONSEQUENCES : INITIALS 10. 11. 12. 13. 14. 15. __________________________ JAIL - MIN. MAX. ______________________________ FINE - MIN. MAX. ___________________________________________________________________________________________________ o _____________ SECTION NUMBER OTHER CONSEQUENCES : __________________________ JAIL - MIN. MAX. ______________________________ FINE - MIN. MAX. ___________________________________________________________________________________________________ o _____________ SECTION NUMBER OTHER CONSEQUENCES : __________________________ JAIL - MIN. MAX. ______________________________ FINE - MIN. MAX. ___________________________________________________________________________________________________ o _____________ SECTION NUMBER OTHER CONSEQUENCES : __________________________ JAIL - MIN. MAX. ______________________________ FINE - MIN. MAX. ___________________________________________________________________________________________________ o _____________ SECTION NUMBER OTHER CONSEQUENCES : __________________________ JAIL - MIN. MAX. ______________________________ FINE - MIN. MAX. ___________________________________________________________________________________________________ o _____________ SECTION NUMBER OTHER CONSEQUENCES : __________________________ JAIL - MIN. MAX. ______________________________ FINE - MIN. MAX. ___________________________________________________________________________________________________ 16. 17. I understand that in addition to the fine, the Court w ill add assessments which will significantly increase the amount I must pay . I will also be ordered to make restitution and to pay a restitution fine of $120 to $1,000, unless the Court finds compelling and extraordinary reasons not to impose the fine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18. I understand that if I am not a citizen, a plea of guilty or no contest could result in my deportation, exclusion from admission to this country, or denial of naturalization. . . . . . . . . . . . . 17. 18. CR-130 (Rev. 1-2012) See next page Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) 19. I understand that a plea of no contest ( nolo contendere) will have exactly the same effect in th