Waiver Of Rights For Admission Of Probation Violation {CR-39}

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice 400 County Center Redwood City, CA 94063 Northern Division 1050 Mission Road South San Francisco, CA 94080 Reserved for Clerk's Office Stamp THE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff, vs. Defendant Case Number: WAIVER OF RIGHTS FOR ADMISSION OF PROBATION VIOLATION I, the undersigned, understand the nature of the affidavit of probation violation against me. I understand that I have a right to be represented by an attorney at all stages of the proceedings, and if I cannot afford an attorney, to have the Court appoint one. (Check one only) I hereby give up the right to be represented by an attorney. My attorney is present and I have discussed the charges and possible defenses with my attorney. I hereby give up my right to be personally present at all stages of the proceedings and authorize my attorney to appear on my behalf and admit the violation(s). I have previously discussed the allegation(s) and the possible defenses thereto with my attorney. I hereby give up the following rights: 1. 2. 3. 4. The right to a hearing. The right to use the power of the Court to subpoena witnesses and present evidence on my behalf, including my right to testify on my own behalf. The right to confront and cross-examine the witnesses against me. The right against self-incrimination, which means the right not to testify against myself. My decision to admit the violation(s) has been made freely and voluntarily without threat or fear to me or anyone closely related to or associated with me. There have been no promises to me of rewards, immunity, probation, or anything else to induce my admission, except I have been advised of the minimum and maximum penalties. Page 1 of 2 Form adopted for Mandatory Use Local Court Form CR 39 [Rev. June 2012] WAIVER OF RIGHTS FOR ADMISSION OF PROBATION VIOLATION American LegalNet, Inc. www.FormsWorkFlow.com If applicable - I understand that I have the right to enter my plea before, and be sentenced by a judge. I give up this right and agree to enter my plea before, and be sentenced by , Temporary Judge. DATE: Defendant's Signature I have read and understand all of the rights set forth above. With these rights in mind, I wish to waive these rights and admit the probation violation(s). DATE: Defendant's Signature DEFENDANT'S ATTORNEY I hereby certify that I have explained all of the above-mentioned rights to the above-named person and that I am satisfied that (s)he knowingly and intelligently has waived all of the rights enumerated above and has full understanding of the nature and the consequences of the allegations against him. Date: (Attorney for Defendant) INTERPRETER'S STATEMENT: I, having been duly sworn or having a written oath on file, certify that I truly translated this form to the defendant in the language noted below. The defendant stated that he or she understood the contents on the form and then signed the form. Language: Spanish Other (specify): Date: (Interpreter's Signature) Interpreter's Name (type or print) FINDINGS AND ORDER The Court finds that the defendant has knowingly and intelligently waived his constitutional and statutory rights and the defendant's admission is freely and voluntarily entered, the court accepts the defendant's admission and finds him in violation of probation. Judge Judge Pro Tem (Print Judge's Name) Page 2 of 2 Form adopted for Mandatory Use Local Court Form CR 39 [Rev. June 2012] WAIVER OF RIGHTS FOR ADMISSION OF PROBATION VIOLATION Date American LegalNet, Inc. www.FormsWorkFlow.com