TAHL Child Support (Advisement Of Rights Waiver And Plea Form) {FL028}

FL-028 Effective: January 1, 2018 Advisement of Rights, Waiver and Plea Form227Child Support Contempt Page 1 of 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA 3055 Cleveland Avenue, Santa Rosa CA 95403 Civil & Family Courthouse For court use only Case name: Citee: WAIVER OF CONSTITUTIONAL RIGHTS FOR ENTRY OF GUILTY OR NO CONTEST PLEA Case Number: Dep t . INSTRUCTIONS Initial the box for each applicable item only if you understand and agree with it. Please sign and date on page 2. If you have any questions about this plea, your case or what will happen based upon your plea, please ask your attorney or the Judge /Commissioner . Do not merely initial and sign this document unless you understand it. I declare the following: 1. My name as listed above is true, complete and accurate. 2. I am not under the influence of anything which impairs my ability to understand this contempt proceeding. 3. I am pleading GUILTY or NO CONTEST (circle one) to the offense(s) and admitted prior conviction(s) listed below. I understand that a NO CONTEST plea will be treated like a GUILTY plea and I will be sentenced as if I pled Guilty . Counts Charge (code section & description) Prior convictions Maximum Consequences Civil Procedure Code section 1209.5 227 Noncompliance with support order. None $1000 fine and/or 120 hours 222 community service or five days imprisonment for each count. CCP 1218(c)(1) Code of Civil Procedure section 1209.5 227 Noncompliance with support order. 1 $1000 fine and/or 120 hours222 community service or five days imprisonment for each count. CCP1218(c)(2) Civil Procedure Code section 1209.5 227 Noncompliance with support order with 2 or more prior conviction(s). 2 o r more $1000 fine and/or 240 hours 222 community service or ten days imprisonment for each count. CCP1218(c)(3) 4 . The only promises that were made in exchange for my plea are : . 5. I understand that in the future, the Court may modify the terms of this order upon a showing of changed circumstances or non - compliance with a previous order, finding and/or purging condition. 6 . I am entering this plea freely and voluntarily. No one has placed any pressure on me or threatened me or anyone close to me to obtain this plea of GUILTY or NO CONTEST . 7 . I understand that if I am currently on probation for another matter, this conviction could be considered a violation of that probation and I could be given a separate and additional sentence in that case. 8 . I understand that if I am not a citizen, conviction of the offense(s) for which I ha ve been charged may have the consequences of deportation, exclusion from admission to the United States or denial of naturalization pursuant to the la ws of the United States. I understand that if I req uest, the Court shall allow me additional time to consi der the appropriateness of my plea in light of this advisement. 9 . I understand that I may have ongoing obligations in this case which are outside this contempt proceeding, and American LegalNet, Inc. www.FormsWorkFlow.com FL-028 Effective: January 1, 2018 Advisement of Rights, Waiver and Plea Form227Child Support Contempt Page 2 of 2 which may include payment of a current support order or payment on an arrears debt. I understand that failing to comply with a current support order may result in the accrual of additional arrears and that other enforce ment measures may not be suspended by my agreement in this proceeding, including but not limited to: bank levies, financial intercepts, wage garnishments, and license suspensions. If I fail to comply with ongoing support obligations, future co ntempt actions may be filed . I understand I have the following Constitutional Rights: 1 0 . Right to an attorney 227 I understand that I have the right to be represented by an attorney at all c ourt appear ances in this action . I understand that I can hire an attorney , and i f I cannot afford an attorney, the Court w ill appoint an attorney for me. 11 . Right to a court trial 227 I understand that I am entitled to a speedy and public court trial on all charges and prior convictions alleged . 12 . Right to present evidence 227 I understand I have the right to present evidence in defense of the pending charges at a court trial . 13 . Right to subpoena witnesses 227 I understan d I have the right to have the C ourt order my witnesses to attend the court trial at no expense to me. 14. Right against self - incrimination 227 I understand I have the right to remain silent and require the prosecuting party to prove my guilt beyond a reasonable doubt. I understand that I cannot be compelled to testify by the court , my attorney or the prosecuting attorney. However, I can testify in my defense if I choose to do so, even if my attorney has advised me not to testify. 15. Righ t to a presumption of innocence 227 I understand I have the right to a presumption of innocence until and unless the prosecuting attorney proves my guilt beyond a reasonable doubt. 16 . Waiver of Constitutional Right to Court trial 227 I understand my Constitutional rights for a court trial outlined in 11 226 1 5 , above. I am freely and voluntarily waiving these rights. I do not want a trial. 17 . Sufficient time 227 I have had enough time to speak to my attorney and/or the Court about my Constitutional rights , any defenses to the charges, and the consequences of my plea. I declare that the initials which appear on this form are my own and that I have either read or have had each item that I have initialed explained to me so that I understand each declaration and waiver. Date: Signature: Certificate of Interpreter: I declare that I interpreted the complete contents of this form from English to in the presence of, and directly to, the citee and that I witnessed the citee initial and sign this document. Date: Signature: Attorney Statement: I am the attorney for the above-named citee. I have explained each of the rights to the citee and have discussed the facts, possible defenses to the charge(s), and consequences of a guilty/no contest plea. I concur with his/her waiver of rights and entry of plea. I stipulate that the Court can find a factual basis for this plea, and that this document may be received by the Court as evidence of the citee222s waiver of these rights. I have personally witnessed the citee initial and sign this form. Date: Attorney Signature: Date: Judge/Commissioner: American LegalNet, Inc. www.FormsWorkFlow.com