San Mateo — Waiver of Rights for Informal Hearing 40901

Source: https://sanmateo.courts.ca.gov/system/files/local-forms/tr-23_waiver_rights_informal_hearing_40901.pdf

SUPERIOR COURT OF CALIFORNIA – COUNTY OF SAN MATEO

THE PEOPLE OF THE STATE OF CALIFORNIA) Plaintiff.) NO: ) ) WAIVER OF RIGHTS FOR ) INFORMAL HEARING § 40901 vs. ) ) Defendant)

You have requested that the issue of your guilt or innocence be decided by the Commissioner or Judge in an informal hearing today. This decision will be based upon the information contained in the citation or report in this case, and any evidence that you produce.

In proceeding in this informal manner, you give up the following rights:

1. The right to have a formal trial;

2. The right to subpoena witnesses and evidence in your behalf;

3. The right to confront and cross-examine witnesses against you;

4. The right to be represented by an attorney unless your attorney is with you today;

5. The right not to be convicted of any offense; except upon sworn testimony given in open court.

I voluntarily waive each of the above rights and specifically my right to be confronted by the witnesses against me, my right to subpoena witnesses in my behalf, and my right to hire counsel to assist me.

Signature

I understand that I will be bound by the decision of the Commissioner or Judge who hears this matter; and that if the Commissioner or Judge decides that more information is necessary he will set the case for trial at a later time with the officer present.

Signature

I understand that I am conceding that if the officer were present he would be sworn and would testify to the information in the citation and further that this testimony, if true, would support the change against me. I agree that the citation may be admitted as evidence in this case.

Signature

IF YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE, PLEASE SIGN ALL THREE PLACES.

TR-23 [Rev. 7/04] www.sanmateo.courts.ca.gov