Napa — Pre-Plea Diversion Advisement (Penal Code § 1001.95)

Source: https://www.napa.courts.ca.gov/system/files/forms-and-filings/cr-74-pre-plea-diversion-advisement-2024-07-01.pdf

CR-74 SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA FOR COURT USE ONLY

PEOPLE OF THE STATE OF CALIFORNIA

v.

DEFENDANT:

PRE-PLEA MISDEMEANOR DIVERSION ADVISEMENT CASE NUMBER:
(PC § 1001.95)

INSTRUCTIONS: Read, date, and sign this form if you wish to participate in the Pre-Plea Misdemeanor Diversion Program (the “Diversion Program”). The Court may grant pretrial diversion with respect to any offense permitted by Penal Code section 1001.95. If you successfully complete the Diversion Program, your case will be dismissed. If you do not successfully complete the Diversion Program, the Court will reinstate criminal proceedings. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge.

COURT PRE-PLEA DIVERSION PROGRAM RULES AND CONSEQUENCES

1. I understand that, as part of the Diversion Program, I will be required to successfully complete the terms, conditions,

   and programs specified by the Court, as set forth on the Order for Court Pre-Plea Diversion. The Diversion Program will last no longer than 24 months from the date of my referral to the program. I will be responsible for paying any applicable program fees, for programs required by the Court.

2. I understand that I am responsible for making full restitution to any victim(s) in this matter, as ordered by the Court.

   My financial inability to pay restitution will not bar me from participating in the Diversion Program, nor will it prevent me from successfully completing the Diversion Program.

3. I understand that I must comply with any court-ordered protective order, stay-away order, or order prohibiting

   firearm possession, if applicable, during the term of the Diversion Program.

4. I understand that if I successfully complete the terms, conditions, and programs of the Diversion Program, my case will be dismissed. However, I must still disclose my arrest upon request if I apply for a position as a peace officer.

5. I understand that the Court may, after notice to me, schedule a hearing to determine if I am complying with the

   terms and conditions of the Diversion Program. If the Court finds that I am not complying with the terms, conditions, or programs of the Diversion Program, the Court may end my participation in the Diversion Program and reinstate criminal proceedings.

6. I understand that I am pleading not guilty to the charges against me.

7. I understand that I have the right to a speedy trial. I give up this right to participate in the Diversion Program.

   DATE DEFENDANT’S SIGNATURE

   DEFENDANT’S ADDRESS

   DEFENDANT’S TELEPHONE DEFENDANT’S DRIVER’S LICENSE NO. DEFENDANT’S DATE OF BIRTH

   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 following language: Spanish Other (specify)_____________________

DATE INTERPRETER’S NAME INTERPRETER’S SIGNATURE

Form CR-74 Adopted for Mandatory Use [Effective July 1, 2024]