Marin — CR078

Source: https://www.marin.courts.ca.gov/system/files/forms-and-filing/cr078-plea-guilty-misdemeanor-1-26.pdf

MARIN COUNTY SUPERIOR COURT FOR COURT USE ONLY 3501 Civic Center Drive P.O. Box 4988 San Rafael, CA 94913-4988 vs. DEFENDANT: CASE NUMBER: PLEA OF GUILTY (MISDEMEANOR)

I am the defendant in the above-entitled action, and I declare as follows:

My attorney in this action is
INITIALS

1(a)1(a) CHARGES AND MAXIMUM TERM: I desire to, and do hereby plead GUILTY to the charge(s) and
allegation(s) listed below. My attorney has explained, and I understand, the possible sentence and
sanctions that could be imposed as a result of my plea of GUILTY. I understand that the maximum
penalties for the charges to which I am pleading GUILTY (including imprisonment and fines) are as
described below:
1(b)1(b) Violation(s) Maximum Penalty

2. I have received, read (or had read to me) and understand the Complaint against me. 2

3. I have not been induced to plead guilty by any promise or representation of a lesser sentence, probation, 3 reward, immunity, or anything else, other than those promises included in the attached offer / negotiated disposition or included here. 44. I am pleading guilty freely and voluntarily without threat or fear to myself or anyone associated with me,

and with full understanding of everything on this form.

55. I understand the nature of the charge(s) against me and have had adequate time to discuss the case with

my attorney. I have advised my attorney of all the facts and circumstances of the case. We have discussed the charge(s) and the possible defenses thereto.

6. Citizenship – If you are not a citizen of the United States, you are hereby advised that conviction of the 6 offense for which you 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. [PC § 1016.5]

7. I understand that as a further consequence of my plea of GUILTY, I will be required to register as a(n) 7 offender as required by

8. I understand that a further consequence of my plea of GUILTY is that the court may impose other fees and 8 assessments in addition to the penal fines described above, as provided by law. The court is also required to order restitution to the victim(s). The court must also order a restitution fine, and probation revocation restitution fine, each of not less than $150 or more than $1,000 per misdemeanor count, pursuant to Penal Code Sections 1202.4(b), and 1202.44.

9. My attorney, if I have one, has explained my constitutional rights to me. I understand that I have the following constitutional rights, and I freely and voluntarily waive (give up) each of these rights as to the charges and any special allegations and enhancements:

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I understand this right I waive this right a) to have an attorney represent me at all stages of the proceedings. 9 a 9 a If I am unable to afford an attorney, the court will appoint one for me; b b b) the right to a speedy, public jury trial; c c c) the right not to make any statements that tend to incriminate me; d) the right to testify on my own behalf if I so choose; d d e) the right to produce, and use the court’s subpoena power to compel the e e attendance of, witnesses and evidence on my behalf; f) the right to confront my accuser(s) and to confront and cross-examine f f any witnesses against me; and g g g) the right to be sentenced by a Judge of the Superior Court. By waiving this right, I agree that the Court Commissioner may take my plea and impose sentence as a subordinate judicial officer.

DEFENDANT’S DECLARATION

I declare under penalty of perjury that I have read (or have had read to me) this form and have initialed each of the items

that applies to my case. If I have an attorney, I have discussed each item with my attorney. By putting my initials next to the items in this form, I am indicating that I understand and agree with what is stated in each item that I have initialed. The nature of the charge(s), possible defense(s), and the effects of any prior conviction(s), enhancement(s), and special allegation(s) have been explained to me. I understand each of the rights outlined above, and I give up each of them to enter my plea(s) and make any admission(s). I shall notify the Probation Department within 48 hours of any change of my mailing or residence address or telephone number.

DATED: //_____, AT SAN RAFAEL, CA

DEFENDANT’S SIGNATURE

DATE OF BIRTH TELEPHONE NUMBER DRIVER’S LICENSE NUMBER

ADDRESS CITY / STATE / ZIP

COUNSEL’S DECLARATION

I declare under penalty of perjury that I am the above-named defendant's attorney in the above-entitled criminal action; I

have personally read and explained the contents of the above declaration to the defendant; I personally observed the defendant read said declaration, or I read it to him, and saw him date and sign said declaration. I have made an independent examination of the facts and law applicable to said criminal action. I concur in the defendant's plea(s) of GUILTY to the charge(s) [and allegation(s)] as set forth above. Defendant stipulates there is a factual basis for the GUILTY plea(s) and admission(s).

DATED: _____________ _________________________________________________DEFENDANT’S ATTORNEY

INTERPRETER'S CERTIFICATION

I am a certified court interpreter. I have translated the information contained on this form for the defendant from English

into .

DATED:_____________ ___________________________________________________________INTERPRETER

The Court finds that Defendant has been fully informed of, and understands his/her Constitutional rights and the maximum penalties and consequences that might be imposed as a result of his/her plea(s) of GUILTY [and admission(s)]. The plea(s) and admission(s) is/are accepted and ordered to be entered. The court finds that there is a factual basis for said plea(s) and admission(s) and that the plea(s) and admission(s) has/have been made knowingly, intelligently, and voluntarily by the defendant, and that he/she understood the rights that were being waived and the consequences of such plea(s) and admission(s).

DATED: _____________ ______________________________________________________ JUDICIAL OFFICER OF THE SUPERIOR COURT

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