Amador — Waiver of Constitutional Rights & Plea F-001

Source: https://amador.courts.ca.gov/system/files/waiver_constitutionalrightsplea-form.pdf

AMADOR SUPERIOR COURT 500 ARGONAUT LANE FOR COURT USE ONLY JACKSON, CA 95642 (209) 257-2603

PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA

VS

DEFENDANT:

WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA CASE NUMBER:
TRAFFIC INFRACTIONS

I hereby withdraw the previously entered plea of not guilty and plead

GUILTY to the infractions charged in the traffic citation filed in the above referenced case.

I understand that rights outlined in the Advisement of Rights form, which is submitted concurrently herewith, and give up those rights.

I understand the plea I am entering, the consequences thereof, and the Constitutional rights that I am waiving.

DATED: DEFENDANT’S SIGNATURE

LEGAL RIGHTS OF A DEFENDANT-INFRACTION PENAL CODE §686

IF YOU ARE CHARGED WITH AN INFRACTION, YOU HAVE THE FOLLOWING RIGHTS:

1. RIGHT TO KNOW THE CHARGE: You have a right to know what criminal charges are filed against you.

   2. RIGHT TO AN ATTORNEY: You have a right to be represented by an attorney at all stages of your case, including this arraignment.

   3. CONTINUANCE AND DELAY: You have a right to a continuance (a delay) to obtain an attorney to prepare your defense.

   4. RELEASE ON BAIL AND DETENTION HEARING: If you are in custody, you have the right to be released on your own recognizance or by posting reasonable bail. If you are not released on your own recognizance, you have the right to a hearing to determine if there is probable cause to continue your in-custody status, subject to posting bail.

   5. PLEAS AVAILABLE: You have the right to enter the following pleas to charges pending against you: (a) Guilty. (b) Not Guilty. (c) Nolo Contendre (No Contest). A nolo contendre plea has the same effect as a guilty plea and will be accepted by the court as a guilty plea, but it cannot be used against you in a civil suit. (d) Not Guilty by reason of insanity. (e) Not Guilty by reason of former jeopardy. (f) Not Guilty by reason for former judgment. (g) You may admit a prior conviction. (h) You may deny a prior conviction.

   6. CONFRONT WITNESSES: At any trial, you have the right to confront, see, hear, and cross-examine all witnesses testifying against you.

   7. SUBPOENA WITNESSES: At any trial, without cost, to have this court issue subpoenas to require all favorable witnesses to testify on your behalf.

   8. NO SELF-INCRIMINATION: At any trial, you have the right to remain silent and to refuse to take the witness stand and incriminate yourself. Such silence cannot be held against you. You have this right on the issue of your guilt. If you choose, you can testify in your own behalf.

   9. SPEEDY TRIAL: You have the right to have your trial within 45 days of your first appearance in court if you are not in jail, and, if good cause is not shown, the charges must be dismissed if trial is not held within the specified times.

   10. RIGHT TO KNOW PENALTY: You have the right to know the maximum penalty for each offense charged against you. If you are convicted of an infraction, each offense carries a minimum penalty of a fine only.

       WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA-(Rev. 04/2010)-TRF-001

11. CONTINUANCE OR DELAY FOR SENTENCING: If you plead guilty, nolo contendre (no contest) or are found guilty, you have the right to be sentenced not less than 6 hours nor more than 5 days after you plead or are found guilty unless you give up (waive) the statutory time for sentencing.
    12. PRESUMPTION OF INNOCENCE: You are presumed innocent until proven guilty beyond a reasonable doubt.

DO NOT SIGN THIS STATEMENT UNLESS YOU UNDERSTAND IT FULLY

I represent to the Court that I have read and fully understand the foregoing statement of my legal rights.

Dated , 20 Signature of defendant

DEFENDANT ADDRESS: (to be completed by defendant)

Mailing Address

City, State & Zip

I declare under penalty of perjury that I have interpreted this Legal Rights form from the English language into the
language, and I represent to the Court that the defendant understood my translation.

Dated , 20
Signature of Interpreter

The Court hereby accepts the defendant’s plea. The Clerk shall enter judgment forthwith.

IT IS SO ORDERED.

DATED: JUDGE OF THE SUPERIOR COURT

WAIVER OF CONSTITUTIONAL RIGHTS AND PLEA-(Rev. 04/2010)-TRF-001