Advice Of Rights {10-713}

10-713. Advice of rights by judge.[For use with Rules 10-226 and 10-227 NMRA] STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTIn the Matter of , a Child.No. ADVICE OF RIGHTS BY JUDGE (DELINQUENT OFFENDER)1The child personally appearing before me, I have ascertained the following facts, notingeach by initialing it. Judge222s Initial 1.The child understands the charges set forth in the petition. 2.The child understands the range of possible dispositions includescommitment to . 3.The child understands the following constitutional rights which the childgives up by [admitting] [not contesting] [standing mute to]2 the offensesalleged. (a) the right to trial by jury, if any; (b) the right to the assistance of an attorney at theadjudicatory stage of the proceeding, and to anappointed attorney, to be furnished free of charge, ifthe child cannot afford one; (c) the right to confront the witnesses against the childand to cross-examine them as to the truthfulness oftheir testimony; (d)the right to present evidence on the child222s ownbehalf, and to have the state compel witnesses of thechild222s choosing to appear and testify; (e)the right to remain silent and to be presumedinnocent until the allegations of criminal offensesare proven beyond a reasonable doubt; and(f)the right to appeal the adjudication unless the childhas reserved an issue for appeal. 4.That the child wishes to give up the constitutional rights of which the childhas been advised. 5.That there exists a basis in fact for believing the child committed theoffenses charged and that an independent record for such factual basis hasbeen made. American LegalNet, Inc. www.FormsWorkFlow.com 6.That the child and the children222s court attorney have entered into anagreement that the child understands and consents to its terms. (Indicate223NONE224 if a plea agreement has not been signed.) 7. That the agreement is voluntary and not the result of force or threatsexcept the promises made in the plea agreement. 8. That the child understands that admission of, not contesting, or standingmute to the charges may have an effect upon the child222s immigration ornaturalization status and that the child has been advised by counsel of theimmigration consequences. 9.That under the circumstances, it is reasonable that the child admit, notcontest, or stand mute to the charges alleged in the petition. On the basis of these findings, I conclude that the child knowingly, voluntarily, andintelligently agrees to [admit] [plead no contest to] [stand mute to] the alleged delinquent acts asset forth and accepts the agreement. This advice of rights shall be filed in the record proper inthe above-styled case.Children222s Court Judge Date CERTIFICATE BY CHILDI certify that my attorney personally advised me of the matters noted above and that Iunderstand the constitutional rights that I am giving up by admitting, not contesting, or standingmute to the allegations in the delinquency petition filed under this cause number.Child CERTIFICATE OF COUNSELI have reviewed the above matters with my client and have explained the matters to myclient in detail.Defense counselUSE NOTE1.This form shall be used with a plea agreement or a consent decree entered into bya delinquent offender.2.Under NMSA 1978, Section 32A-2-22, when entering into a consent decree, achild is not required to admit some or all of the allegations stated in the delinquency petition.[Approved, effective August 1, 1999; as amended by Supreme Court Order No. 10-8300-022, American LegalNet, Inc. www.FormsWorkFlow.com effective August 30, 2010; 10-424 recompiled and amended as 10-713 by Supreme Court OrderNo. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com