Imperial — Diversion Pre Plea Advisement and Order (CR 18)

Source: https://www.imperial.courts.ca.gov/system/files/forms-and-filings/cr-18.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL 650 Wake Avenue, El Centro, CA 92243 939 West Main Street, El Centro, CA 92243 2124 Winterhaven Drive, Winterhaven, CA 92283

PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA

DEFENDANT:

PRE-PLEA MISDEMEANOR ADVISEMENT AND ORDER CASE NUMBER: (PC §1001.95 et seq.)

INSTRUCTIONS: Read, date, and sign this form to participate in Pre-Plea Judicial Diversion. If you successfully complete the Diversion Program in compliance with the Court’s conditions, your case will be dismissed. If you do not successfully complete the Diversion Program, the Court will reinstate the criminal proceedings.

Defendant: Initial each statement below:

ADVISEMENTS, RULES AND CONSEQUENCES

1. ______ I understand that the Diversion Program will last no longer than 24 months, and that I am giving up my

   right to a speedy trial in order to participate in the Diversion Program. I understand that I am pleading

   “not guilty” to the charge(s) against me in this case.

2. ______ I understand that I am responsible for making full restitution payments to any victim(s) in this case, as

   ordered by the Court. However, my financial inability to pay restitution will not bar me from

   participation, 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.

4. ______ I understand that if I successfully complete the terms of the Diversion Program, this case will be

   dismissed. However, I am still obligated to disclose this arrest in response to a direct question contained

   in a questionnaire or application for a position as a peace officer, as defined in CA Penal code 830.

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

   with the terms of the Diversion Program. If the Court finds that I am not complying, the Court may

   terminate my participation in the Diversion Program and reinstate criminal proceedings.

Adopted for Optional Use PRE-PLEA MISDEMEANOR ADVISEMENT AND ORDER www.imperial.courts.ca.gov CR-18 (Adopted 01/01/24) (PC §1001.95 et seq.) Page 1 of 2

DEFENDANT CASE NUMBER:

DIVERSION ORDER

Good cause appearing, the Court finds and orders as follows:

Defendant herein qualifies for judicial diversion pursuant to PC §1001.95 et seq., and orders the following for the

term of diversion for ____ months:

Obey all laws.

Appear for all diversion reviews when ordered by the Court.

Pay restitution to the victim through the Probation Department in the amount of $_______________.

Comply with any court-ordered protective order.

Any bail, bond, or undertaking deposited on behalf of defendant is ordered exonerated, and defendant shall be

released on his/her own recognizance.

Defendant shall comply with the following additional terms and conditions of the Pre-Plea Diversion Program:

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Date Judge

I have read this diversion advisement and order, and I understand its contents and conditions. I agree to accept all

the conditions herein.

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Date Defendant’s Signature

Defense Counsel concurs with conditions and waivers.

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Date Attorney’s Signature

CERTIFIED INTERPRETER’S STATEMENT

I, having been duly sworn or having a written oath on file, certify that I truly translated this document to the

defendant in the following language: ________________.

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Date Interpreter’s Name Interpreter’s Signature

Adopted for Optional Use PRE-PLEA MISDEMEANOR ADVISEMENT AND ORDER www.imperial.courts.ca.gov CR-18 (Adopted 01/01/24) (PC §1001.95 et seq.) Page 2 of 2