Merced — MSC-CR-201

Source: https://www.merced.courts.ca.gov/system/files/forms-and-filings/msc-cr-201-misdemeanor-advisement-rights-waiver-and-plea-form-31026.pdf

MSC-CR-201

SUPERIOR COURT OF CALIFORNIA Reserved for Clerk’s File Stamp COUNTY OF MERCED Superior Courts Building Los Banos Division 2260 N Street 1159 G Street Merced, CA 95340 Los Banos, CA 93635 (209) 725-4100 (209) 725-4124

People of the State of California

v.

Defendant:

MISDEMEANOR
ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM Case No.

INITIALS DECLARATIONS

1. By placing my initials in the space to the left, I declare I fully understand each declaration and waiver.

2. I stipulate to a court commissioner and/or temporary judge until final determination of the cause.

3. I have been informed of the charge(s)/enhancement(s) against me, and each charge/enhancement was fully
explained to me by my attorney or the judge, and I understand the nature and the possible consequences of
the charge(s)/enhancement(s).

4. Right to an attorney: I understand that I have the right to be represented by an attorney throughout the
proceedings. I understand that the Court will appoint a free attorney for me if I cannot afford to hire one, but
at the conclusion of my case, I might be ordered to pay all or part of the costs of that representation based
on my ability to pay. I understand that there are dangers and disadvantages of giving up my right to an
attorney, and that it is almost always unwise to represent myself.

5. I have had enough time discuss my case with my attorney. My attorney has explained the elements of the
charged offenses, as well as the elements of any enhancements and allegations against me. I have told my
attorney all the facts that are known to me about my case. We have discussed my constitutional and
statutory rights, the waiver of those rights, any possible defenses relating to the charges, enhancements, and
allegations, and any possible consequences of this plea.

6. [Leave blank if you have an attorney] I am proceeding without an attorney though the Court has advised
me of the dangers of doing so.

7. Right to a Court or Jury Trial: I understand I have a Constitutional right to a speedy and public trial by the
Court, or by a jury of 12 citizens selected from the community where I would participate in the selection of the
jurors. At the trial, I would be presumed innocent, and I could not be convicted unless the Court or all 12
jurors were convinced of my guilt beyond a reasonable doubt.

8. Right to confront and cross-examine witnesses: I understand that I have the right to confront and cross-
examine all witnesses testifying against me.

9. Right against self-incrimination: I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. 10. Right to produce evidence: I understand that I have the constitutional right to have the Court use its power to subpoena witnesses and documents on my behalf and to present evidence, at no cost to me. 11. Parole/Probation: I understand that if I am now on parole, post-release community supervision, mandatory supervised release, or probation, my plea of guilty or no contest will constitute a violation of my probation. 12. Immigration: If you are not a citizen of the United States, you are hereby advised that a conviction of the 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. I understand this. I have had sufficient time to discuss the potential immigration consequences of my plea with my attorney, and I am willingly, knowingly, and voluntarily choosing to enter my plea of guilty or no contest, rather than go to trial. 13. Registration: I understand that I will be required to register with the local police agency or sheriff’s department in the city where I reside as a gang member. 14. I understand that I have a right to wait a minimum of 6 hours, and up to 5 days, to be sentenced after entering my plea. However, I understand the Court may extend this time if it orders a pre-sentencing probation report. 15. I understand that a plea of no contest has the same effect as a plea of guilty in this proceeding, but may not be used against me in a civil action arising out of this incident.

INITIALS WAIVER OF RIGHTS

16. I understand the word “waive” means that I give up the rights I have.

17. [Leave blank if you have an attorney] I hereby waive my right to have an attorney represent me.

18. I hereby waive my right to a jury trial and my right to a court trial.

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19. I hereby waive my right to confront and cross-examine any witnesses against me.

20. I hereby waive my right to have witnesses and documents subpoenaed on my behalf and my right to present
evidence.

21. I hereby waive my right to remain silent and to not incriminate myself.

22. I hereby waive time for sentencing so the Court may sentence me now.

23. Appeal Waiver: I hereby waive and give up all rights regarding state and federal writs and appeals. This
includes, but is not limited to, the right to appeal my conviction, the judgment and any other orders previously
issued by this court. I agree not to file any collateral attacks on my conviction or sentence at any time in the
future.

INITIALS ENTRY OF PLEA

24. I am freely and voluntarily entering a plea. No one has threatened me or anyone close to me to make this
plea. No one has made any other promises to me, such as a lighter sentence, reward, immunity or anything
not discussed in this form.

25. I am not under the influence of any drugs, alcohol, or medication.

26. I freely and voluntarily plead guilty or no contest to:

27. I admit my prior conviction(s):

28. I understand the charge(s) carry a maximum of ______________________________ in county jail.

29. I understand that in addition to the fine imposed, the law requires the Court to add assessments which will
increase the amount I must pay. I understand that I may also be ordered:

(1) to make restitution to the victim, if the offense involved a victim, or to a Restitution Fund and/or battered
women’s shelter; and

(2) to pay the expenses incurred by a public agency which responded to any incident caused by my vehicle
at the time of my arrest.

30. Factual Basis: I admit the facts as stated in the police report constitute a factual basis for my plea.

31. Arbuckle Waiver: I understand that I have the right to be sentenced by the same judge or court
commissioner who takes my plea. I give up that right and agree that any judge or court commissioner may
sentence me.

32. Harvey Waiver: The sentencing judge or court commissioner may consider the entire factual background of
the case, including any dismissed or stricken charges or allegations or cases, and any charges the District
Attorney agrees not to file, when granting probation, ordering restitution or imposing sentence.

33. Domestic Violence: I understand that a subsequent conviction of Penal Code section 273.5 will carry
increased penalties.

34. I understand that I will have to attend and complete a batterer’s treatment program.

35. Sex Registration: I understand that, pursuant to Penal Code Section 290, I must register as a sex offender for life with law enforcement in the jurisdiction in which I live, that failure to do so would constitute a crime, and that I may be eligible to petition the court to have the registration requirement terminated after the mandated minimum registration period expires and other criteria are met. SVP: I understand I may be subject to screening by the State Department of State Hospitals to determine whether I qualify for trial as a sexually violent predator, which could result in my being committed to a secure medical facility indefinitely. 36. Theft Advisement: I understand that a misdemeanor theft offense can be charged as a felony if I have two or more prior theft convictions, including but not limited to, violations of Penal Code sections 488, 459, 459.5, 487, 530.5, 368(d), 211, 496 or 215. I could be sentenced to up to three years in county jail or state prison if charged and convicted of a felony theft offense. I further understand that an additional three-year sentence can be imposed for felony theft conviction if the offense was committed with three or more people. 37. Narcotics Murder Advisement: Pursuant to Health and Safety Code section 11369, you are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code.

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38. Firearms: I understand that I am prohibited from owning, purchasing, receiving, possessing, or having
under my custody or control any firearms, body armor, ammunition, and ammunition-feeding devices, such
as a magazine or a speed-loader, for a period of ten (10) years.

I understand that if convicted of Penal Code section 273.5, the firearm prohibition is for my lifetime.

39. Other consequences:

DEFENDANT'S STATEMENT
I have read or have had this form read to me. I understood all items above and personally initialed each item that applies

to my case. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Date Defendant’s Signature

ATTORNEY’S STATEMENT

I am the attorney of record for the defendant. I have reviewed this form with my client. I have explained to the defendant

each of his/her rights and answered all of the defendant’s questions with regard to this plea. I have discussed the facts of the case with the defendant, and explained the consequences of this plea, including the immigration consequences, the elements of the offense(s), and the possible defense(s). I concur with this plea and the defendant’s decision to waive his/her constitutional rights and stipulate to a factual basis.

Date Attorney’s Signature

INTERPRETER’S STATEMENT (if applicable)
I, , having been duly sworn or having a written oath on file, certify that I

truly interpreted this form to the defendant in the language. The defendant stated that he/she understood the contents in the form and then he/she initialed and signed the form.

Date Interpreter’s Signature #

PROSECUTING ATTORNEY’S STATEMENT

I stipulate there is a factual basis for this plea. I have reviewed this plea form and do not believe any further statement of

consequences or advisement of rights are necessary. If applicable, I stipulate to a court commissioner acting as temporary judge until final determination of the cause.

Date Attorney’s Signature

COURT'S FINDINGS AND ORDER The Court, having reviewed this form and having questioned the defendant, finds that (a) the defendant has read or has had this form read to him/her and understands each of the initialed terms on this form; (b) the defendant understands the nature of the crimes and allegations listed and the consequences of the plea and any admissions; (c) the defendant expressly, knowingly, understandingly, and intelligently waives his/her constitutional and statutory rights; and (d) the defendant's plea, admissions, and waiver of rights are made freely and voluntarily and there is a factual basis for the plea.

The Court accepts the defendant's plea, admissions, and waiver of rights and the defendant is hereby convicted based thereon.

It is ordered that this document be filed with the Court's records of this case and that the defendant's plea, admissions,

and waiver of rights be accepted and entered in the minutes of this Court.

Date Signature of the Court

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