Acknowledgment Of Rights - Class A Misdemeanor {NHJB-2093-Se}

THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH http://www.courts.state.nh.us Court Name: Case Name: Case Number: (if known) ACKNOWLEDGEMENT OF RIGHTS - CLASS A MISDEMEANOR I, have been charged in the of with the following offense(s): The statements made below shall apply to each and every complaint, if there be more than one, to which I intend to plead guilty or no contest. If I am not a citizen of the United States, I understand that conviction of the crime(s) for which I intend to plead GUILTY may have immigration consequences, including but not limited to, deportation from the United States, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States. I understand that the complaint is one accusing me of a Class A Misdemeanor(s), and that I have the right to be represented by a lawyer of my own choosing and at my own expense, and that if I am unable to afford a lawyer the Court will appoint one for me subject to an order of reimbursement based on my ability to pay. I am represented by , a lawyer admitted to practice in New Hampshire. I am satisfied with my lawyer and all explanations have been clear. I do not want a lawyer. I understand and know what I am doing. I hereby waive my right to a lawyer. I understand that I do not have to plead GUILTY or NO CONTEST and that even after signing this form I still do not have to plead GUILTY or NO CONTEST. I understand that by pleading GUILTY or NO CONTEST to the charge(s) that I am giving up the following constitutional rights as to the charge(s): MY RIGHT to a speedy and public trial. MY RIGHT to see, hear, and question all witnesses. This gives me the opportunity and right to confront my accusers and cross-examine them myself or through my attorney MY RIGHT to present evidence and call witnesses in my favor and to testify on my own behalf. MY RIGHT to remain silent and not testify at a trial. MY RIGHT to have the Judge ORDER into court all evidence and witnesses in my favor. MY RIGHT not to be convicted unless the State proves that I am guilty beyond a reasonable doubt with respect to all elements of the charge(s), which have been explained to me. MY RIGHT to keep out evidence, including confessions, illegally obtained. MY RIGHT to a trial before a jury and my right to appeal issues of law to the Supreme Court. I GIVE UP ALL THE ABOVE RIGHTS OF MY OWN FREE WILL. American LegalNet, Inc. www.FormsWorkFlow.com NHJB-2093-S (01/10/2013) Page 1 of 3 Case Name: Case Number: ACKNOWLEDGMENT OF RIGHTS CLASS A MISDEMEANOR I understand that by pleading GUILTY or NO CONTEST I am admitting to or not contesting the truth of the charge(s) against me in the complaint(s) and that on the Judge's acceptance of my GUILTY or NO CONTEST plea, a conviction(s) will be entered against me. No force has been used upon me, nor have any threats been made to me, by any member of the Prosecutor's Office or anyone else to have me enter this plea of GUILTY or NO CONTEST. No promises have been made to me by any member of the Prosecutor's Office or anyone else in an effort to have me enter this plea of GUILTY or NO CONTEST to the charge(s), except as follows: However, I understand that the Judge is not bound by the Prosecutor's recommendation as to sentence, and that I may withdraw my plea if the Judge exceeds the limits of a negotiated plea. I understand, as a consequence of my plea of GUILTY or NO CONTEST, that the Judge may impose any sentence deemed appropriate in the Judge's sole discretion, subject to a maximum penalty of one year in jail and a $2,000 fine for each offense. I understand that if I am convicted of stalking under RSA 633:3-a and have one or more prior stalking convictions in this state or another state when the second or subsequent offense occurs within seven years following the date of the first or prior offense, I shall be guilty of a CLASS B FELONY. I understand that if the complaint is one accusing me of a second offense of operating under the influence within ten years of a first conviction, I SHALL be guilty of a CLASS A MISDEMEANOR, shall be fined not less than $750 and not more than $2,000 and I shall lose my license and/or right to operate for a minimum period of three years. My license/driving privilege shall not be restored unless I shall have completed the service plan referenced below and paid all relevant fees. In addition, if my prior conviction was within 2 years preceding the date of the second offense, I shall be sentenced to a mandatory sentence of not less than 60 consecutive days in the county correctional facility, of which 30 days shall be suspended. If my prior conviction was more than two but less than 10 years preceding the date of the second offense, I shall be sentenced to a mandatory sentence of not less than 17 consecutive days in the county correctional facility, of which 12 days shall be suspended. I will be required to schedule a full substance use disorder evaluation with an Impaired Driver Case Management Program (IDCMP). A condition of the suspension shall be that upon release from serving my sentence in the county correctional facility, I shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if I do not comply with all of the requirements of this subparagraph or if I become noncompliant with the service plan during the suspension period. Should the complaint be one of aggravated driving while intoxicated, I shall be guilty of a CLASS A MISDEMEANOR, shall be fined not less than $750 and not more than $2,000, and shall lose my license or operating privilege in the State of New Hampshire for not less than 18 months but up to two years. The court may suspend up to 6 months of this loss of license/operating privilege, provided that I am in compliance with the service plan referenced below and provided that an ignition interlock device be installed for the period of suspension in addition to any period required in accordance with RSA 265-A:36 and provided that all fees have been paid. I shall be sentenced to a mandatory sentence of not less than 17 consecutive days in the county corre