Misdemeanor Advisement Of Rights Waiver And Plea Form-Proposition 36 (PC 1210) {CM04046}

SUPERIOR COURT OF CALIFORNIA COUNTY OF YUBA 215 FIFTH STREET, SUITE 200 MARYSVILLE, CA 95901 (530) 749-7600 THE PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM - PROPOSITION 36 [PC § 1210, et seq.] CASE NUMBER: INSTRUCTIONS Complete this form if you wish to plead guilty or no contest to the charges against you in order to be placed on probation pursuant to Penal Code § 1210, et seq. ("Proposition 36--the Substance Abuse and Crime Prevention Act of 2000"). If you successfully complete the requirements of your probationary sentence as directed by the court, you may petition the sentencing court to set aside the conviction and dismiss the charges. If you do not successfully complete these requirements, the court will revoke your probation and sentence you according to the otherwise applicable law, which may include a period of incarceration, including state prison. Initial each applicable item only if you understand it, then sign and date this form on page 4. If you have questions about your case, the possible sentence or the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY _______ 1. I understand that I have the right to be represented by an attorney throughout the proceedings. I understand that the court will appoint an attorney for me if I cannot afford to hire one, but at the end of the case, I may be asked to pay all or part of the costs of that attorney, if I can afford it. I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself. I understand that I am charged with the following offense(s) NUMBER(S)]: NATURE OF THE CHARGES (List all items you are charged with.) _______ 2. _______ 3. _______ 4. _______ 5. _______ 6. [LIST TYPE OF OFFENSE(S) AND SECTION If applicable - I understand that I am also charged with having the following prior conviction(s) OFFENSE(S), CASE NUMBER(S) AND DATE(S)]: [LIST If applicable ­ I understand that I am charged with violating the probation order(s) in the following case(s) [LIST CASE NUMBER(S) AND DATES(S)]: I understand the charge(s) against me, and the possible pleas and defenses. I understand that I have the Right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. I understand that I have the Right to confront and cross-examine all witnesses testifying against me. I understand that I have the Right to remain silent and not incriminate myself, and the Right to testify on my own behalf. I understand that by pleading guilty, no contest, or admitting prior conviction (s) or probation violation(s), I am incriminating myself. I understand that I have the Right to present evidence and to have the court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me. MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM - PROPOSITION 36 [PC § 1210, et seq.] CM04046 Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com CONSTITUTIONAL RIGHTS _______ 7. _______ 8. _______ 9. Form Adopted by Yuba County Superior Court Effective 8/23/04; Amended 5/26/10 People vs. Case No. PRIOR CONVICTIONS AND PROBATION VIOLATIONS _______ 10. If applicable ­ I understand that I have all of the above Constitutional Rights for all of the charges against me, including any charged prior convictions or probation violations. However, for a charge of violating probation, I do not have the right to a jury trial, although I do have the right to a hearing before a judge. (Note ­ Please complete No. 30 on page 3.) WAIVER OF RIGHTS _______ 11. I give up my Right to an attorney, and I choose to represent myself. _______ 12. I give up my Right to a jury trial. _______ 13. I give up my Right to confront and cross-examine witnesses. _______ 14. I give up my Right to remain silent and to not incriminate myself. (Does not apply if you have an attorney.) (Does not apply to preliminary hearing or if charged with probation violations) _______ 15. I give up my Right to produce evidence and witnesses on my own behalf. PARTICIPATION IN PROBATION UNDER PROPOSITION 36 _______ 16. I understand that conditions of my probation will require me to successfully complete a drug treatment program for a period of up to one year, as determined by the court based upon the severity of my addiction and my criminal history. The treatment program may consist of out-patient treatment, in-patient residential treatment, narcotic replacement therapy, drug education or prevention courses, or a combination thereof. _______ 17. I understand that I may also be required as a further condition of probation to complete community service hours and supplemental drug treatment services, including but not limited to vocational training, family counseling and literacy training. The court may also require me to participate in additional aftercare services for up to six months following completion of my drug treatment program. _______ 18. I understand that I may be ordered to make restitution and to pay a restitution fine of $200 to $10,000. Depending upon my ability to pay, I will also be required to pay for the costs of my placement in treatment and supervision services, in a minimum amount of $200. If these fees and costs are not waived by the court, I will not be able to have my case dismissed until both the placement fees and restitution fine are paid. _______ 19. I understand that I must register with the police as a controlled substance offender. Failure to do so would constitute a misdemeanor. _______ 20. I understand that I may be required to undergo urinalysis to test for the presence of drugs. _______ 21. I understand that if I successfully complete all of the conditions of my probation, I may petition the sentencing court to set aside the conviction and dismiss the charges. If the court finds that I have completed all aspects of my drug treatment program, including aftercare and supplemental services and finds that there is reasonable cause to believe that I will not abuse controlled substances in the future, then the conviction will be set aside and the charges dismissed. _______ 22. I understand that if the charges are dismissed as indicated above, the arrest will be deemed to never have occurred and the record of the arrest and conviction may not be used without my co