Felony Plea Form Attachment {CM09052}

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: FELONY PLEA FORM ATTACHMENT Conditional plea I understand that the agreement is that I will not be sentenced to state prison at the outset and that I will be placed on probation up to a period of five years. I could be ordered to serve 12 months in the county jail as a condition of probation. If I violate the terms of probation, there would be a petition filed to revoke my probation. A hearing would be held by a judge sitting without a jury. If the judge was convinced by a preponderance of the evidence that I had violated a term or condition of my probation, my probation could be revoked and I could be sentenced to state prison for up to the maximum sentence of _________years. Because I am pleading conditionally, the probation officer will interview me, conduct an investigation, prepare a report and make a recommendation to the Court. If the Court rejects the conditional plea, I understand that I will be placed in a "not guilty" status. If the court accepts the plea, then I cannot change my mind and withdraw the plea unless there is some legal reason to do so. Anything that I say to the probation officer cannot be used against me in the future if the plea is rejected. However, I understand that there is one exception: if this case ultimately goes to trial and I testify at trial and my testimony is different than what I said to the probation officer, I understand that the probation officer could come to court and testify to what I had earlier said to the probation officer. Domestic Violence Offenses I understand that if probation is granted, the Court shall impose the following conditions specified for crimes of domestic violence under PC §1203.097: ___ The minimum period of probation is 36 months. ___ I will have to pay the cost and successfully complete a 52-week batters program. ___ I will have to pay a minimum of $400 representing a domestic violence fee. ___ I will have to pay a minimum of $250 Board of Supervisor fee pursuant to Penal Code § 1463.27. ___ The Court will impose a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. ___ The victim shall receive notice of the disposition of the case and that I must be booked within one week of sentencing if I have not already been booked. ___ I may be required to make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000). ___ I must reimburse the victim for reasonable expenses that the Court finds are the direct result of my offense. ___ The Court will order me to perform a specified amount of appropriate community service or adult offender work hours and pay the supervision fee currently in the amount of $70. I further understand that any person convicted of a felony violation of PC § 273.5 [spousal abuse], for acts occurring within seven years of a previous conviction under PC § 273.5(a) or PC § 243(d) [battery against a person resulting in serious bodily injury]; PC § 243.4 [sexual battery]; PC § 244 [assault with caustic chemicals or flammable substances]; PC § 244.5 [assault with a stun gun or taser]; or PC § 245 [assault with a deadly weapon, or with force likely to produce great bodily injury], shall be subject to increased punishment, including a sentence of 2, 4, or 5 years in state prison or a fine of $10,000 plus penalty assessments or both the prison and fine. Drug offenses I understand the following consequences of my plea: ___ I must register as a narcotics offender (H&S § 11590) and that my failure to do so would be a further criminal offense. ___ I must pay a drug laboratory analysis fee currently in the base fine amount of $50 plus penalty assessments totaling $150, for a total amount of $200. [H&S § 11372.5(a)] ___ I must pay a drug program rehabilitation fee currently in the base fine amount of $150, plus penalty assessments totaling $450, for a total amount of $600 unless the Court makes a determination that I do not have the ability to pay the drug program rehabilitation fee. [H&S § 11372.7] ___ The Welfare Reform Act disqualifies persons convicted of drug-related felonies that involve the possession, use, or distribution of a controlled substance from receiving benefits under the federal food stamp program and the Temporary Aid to Needy Families (TANF) program. I also understand that I am ineligible for CalWORKS aid and that if I am a member of an assistance unit receiving CalWORKS aid, that I am also ineligible for non-health-care benefits, i.e., general relief benefits. I understand that if I am convicted of the manufacture, sale, possession for sale, possession, transportation, or disposal of any hazardous substance that is a controlled substance or byproduct, I may incur a penalty equal to the amount of the actual cost incurred by the state or local agency to remove and dispose of the said hazardous substance, chemical or byproduct. If I am convicted of a violation of H&S 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 113791.6, 11380, or 11383, and it is alleged and proved that I was convicted of this offense, that fact would add three additional years to a future prison term. Yuba County Superior Court Effective 3/15/10; Revised 1/20/11; Revised 5/25/11 FELONY PLEA FORM ATTACHMENT CM09052 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: Gang advisements I understand the following consequences for a PC § 186.22(a) conviction: ___ If the Court grants probation or suspends execution of sentence, I will be required to serve a minimum of 180 days in a County jail. [PC § 186.22(c)] ___ I will be required to register with the chief of police of the city in which I reside, or the sheriff of the county if I reside in an unincorporated area within 10 days of my release from custody or within 10 days of my arrival in any city, county, or city and county to reside there, whichever first occurs. [PC § 186.30] ___ Upon conviction, I must appear at the law enforcement agency and will be served with a notification of the California Street Terrorism Enforcement and Prevention Act notification, which shall include, where applicable, a notification that I belong to a gang whose members engage in or have engaged in a pattern of criminal gang activity. I must provide a written statement signed by me