Napa — Plea in Absentia

Source: https://www.napa.courts.ca.gov/sites/default/files/images/documents/LocalRules/2018/CRforms/CR-28%20Plea%20In%20Absentia.pdf

CR-28 SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA FOR COURT USE ONLY

PEOPLE OF THE STATE OF CALIFORNIA

v.

DEFENDANT:

CASE NUMBER:

PLEA IN ABSENTIA

THIS FORM MUST BE ATTACHED TO THE PLEA DOCUMENTS

DEFENDANT’S CERTIFICATION

I certify that I have read the attached plea documents entirely, that I understand them; that my attorney has orally explained them to me; that I have personally and voluntarily placed the answers in the boxes and I enter a plea of

_____________________ to the charges of_____________________________________________________________

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I authorize and direct my attorney ______________________________________ to enter before the Court in my absence my plea and admit any prior conviction/s as indicated on the attached plea form and the complaint herein. My attorney is further authorized and directed to waive time for sentencing and to receive the sentence in my absence. I specifically waive my right to personally enter my plea. I waive my right to a delay in sentencing of not less than six hours nor more than five days after entry of plea, and I waive my right to personally address the Court in mitigation of my sentence which may be imposed. I understand that if the Court grants probation, the terms and conditions of probation may include, BUT ARE NOT LIMITED TO, jail, a fine, restitution, an alcohol/drug program, and conditions that I not drive without a valid California driver’s license, not drive with any measurable amount of alcohol in my system, not refuse to take a chemical test or tests of blood, breath or urine when requested to do so by a peace officer, and obey all laws. I authorize my attorney to accept these and ANY OTHER CONDITIONS imposed by the sentencing Judge on my behalf.

DATE DEFENDANT’S SIGNATURE

ATTORNEY CERTIFICATION

I certify that I am the attorney of record for the defendant; that I have fully discussed the matters on the attached plea form with the defendant and advised the defendant thereon; that the representations are the defendant’s own; that the plea and waivers were intelligently, voluntarily and expressly made; and that I join in the plea and waivers, that the above signature and the signature on the waiver form, if not notarized, were made in my presence. I stipulate there is a factual basis for the plea, and that time is waived for judgment and sentencing.

DATE ATTORNEY’S SIGNATURE

COURT’S FINDINGS AND ORDER

This document having been completed and presented to the Court; the Court being satisfied that the plea and waivers were expressly, intelligently and voluntarily made; and the Court finding that there is a factual basis for said plea, the Court accepts such plea and enters it on the record.

DATE JUDGE

Form CR-28 Adopted for Mandatory Use Local Rule 4.2.1 [Rev. January 1, 2018]