Advisement Of Rights Waiver And Plea Form-Family Law Contempt {F-109}

Eff. 04/18/17 Advisement of Rights, Waiver and Plea Form Family Law Contempt Page 1 Local Form F-109 Mandatory Use Superior Court of California , County of El Dorado 495 Main Street 1354 Johnson Blvd. Placerville, CA 95667 South Lake Tahoe, CA 96150 For court use only Case Name: Citee: WAIVER OF CONSTITUTIONAL RIGHTS FOR ENTRY OF GULITY OR NO CONTEST PLEA Case Number: INSTRU C TIONS Initial the box for each applicable item only if you understand and agree with it. Please sign and date your name on p age 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 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 GULITY or NO CONTEST (circle one) to the offense(s) and admit prior conviction(s) listed below. I understand that a NO CONTEST plea will be treated like a GULITY plea and I will be sentenced as if I pled GUILTY. Counts Charge (code section & description) Priors Maximum Consequences CCP section 1209(a)(5) Noncompliance with lawful order or judgment None five days imprisonment for each count. CCP1218(c)(1) CCP section 1209(a)(5) Noncompliance with lawful order or judgment 1 five days imprisonment for each count. CCP1218(c)(2) CCP section 1209(a)(5) Noncompliance with lawful order or judgment with 2 or more prior conviction(s) 2 or more $1000 fine and/or 240 hour ten days imprisonment for each count. CCP1218(c)(3) 4. The only promises made in exchange for my plea are: (Leave blank if no promises made) . 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. American LegalNet, Inc. www.FormsWorkFlow.com Eff. 04/18/17 Advisement of Rights, Waiver and Plea Form Family Law Contempt Page 2 Local Form F-109 Mandatory Use 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 offenses(s) for which I have been charged may have the consequences of deportation, exclusion from admission to the United States or denial of naturalization pursuant to the laws of the United States. I understand that if I request, the Court shall allow me additional time to consider the appropriateness of my plea in light of this advisement. 9. I understand that I may have other court orders in this case which are outside this contempt proceeding. I understand that if I fail to comply with the other court orders, future contempt actions may be filed. 10. I admit during the time periods for which I am pleading guilty that: There was a valid Court Order. I had knowledge of the Order. I had the ability to pay some amount towards the ordered support during each of the above months. I understand I have the following Constitutional Rights: 11. Right to an attorney I understand that I have the right to be represented by an attorney at all court appearances in this action. I understand that I can hire an attorney, and if I cannot afford an attorney, the Court will appoint an attorney for me. 12. Right to a court trial I understand that I am entitled to a speedy and public court trial on all charges and prior convictions alleged. 13. Right to present evidence I understand I have the right to present evidence in defense of the pending charges at court trial. 14. Right to subpoena witness I understand I have the right to have the Court order my witness(es) to attend the court trial at no expense to me. 15. Right against self-incrimination 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 party. However, I can testify in my defense if I choose to do so, even if my attorney has advised me not to testify. 16. Right to a presumption of innocence I understand I have the right to a presumption of innocence until and unless the prosecuting party proves my guilt beyond a reasonable doubt. 17. Waiver of Constitutional Right to Court Trial I understand my Constitutional rights for a court trial outlined in items 11- 15 above. I am freely and voluntarily waiving these rights. I am waiving my right to a trial. 18. Sufficient time 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. American LegalNet, Inc. www.FormsWorkFlow.com Eff. 04/18/17 Advisement of Rights, Waiver and Plea Form Family Law Contempt Page 3 Local Form F-109 Mandatory Use 19. Sentencing: I understand that I may not be sentenced earlier than six hours or later than five days after my plea. a. I give up this right and agree at this time OR b. I understand that imposition of sentence will be suspended to 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 of these rights. I have personally witnessed the citee initial and sign this form. Date: Signature: Findings and Orders The Court finds: 1. Defendant and/or his/her attorney appeared in open court and entered his/her plea and admission(s). 2. Defendant has knowingly, intelligently, and voluntarily waived his/her rights as set forth above. 3. Defendant understands the nature of the charge(s) and the consequences of his/her plea an admission(s). 4. There is factual basis for the plea. 5. IT IS ORDERED THAT: 1. 2. This document be filed and incorporated in the minutes of this case. Date: By: Judicial Officer American LegalNet, Inc. www.FormsWorkFlow.com