Napa — Own Recognizance & Bail Agreement

Source: https://www.napa.courts.ca.gov/system/files/forms-and-filings/cr-40-own-recognizance-bail-agreement-2022-09-30.pdf

CR-40 SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA FOR COURT USE ONLY

PEOPLE OF THE STATE OF CALIFORNIA

v.

DEFENDANT:

CASE NUMBER: PID & EVENT NUMBER:

SUPERVISED / OWN RECOGNIZANCE & BAIL AGREEMENT

INSTRUCTIONS: Read this form. If you understand it, sign and date the form on page 2. If you have any questions about your case, or the information on this form, ask your attorney or the judge.

MANDATORY CONDITIONS FOR “OR” RELEASE

1. I promise to appear at all times and places as ordered by any Court before whom this case is pending.

2. I promise not to leave this state without permission of this Court.

3. I agree to waive extradition if I fail to appear as required and am apprehended outside the State of California.

4. I understand that a violation of any condition of my release on my own recognizance may result in the

   revocation of my release agreement and the issuance of a bench warrant for my arrest.

5. I understand that if I willfully fail to appear as ordered, then I can be charged with a new crime. If I am

   charged with a misdemeanor, the maximum punishment for the new crime is 6 months in jail plus a $1,000 fine (plus penalty assessments). If I am charged with a felony, the maximum punishment for the new crime is 3 years in state prison and a $5,000 fine (plus penalty assessments).

6. I promise to obey all laws, and immediately notify the Court of any change of physical or mailing address.

   OTHER CONDITIONS: FOR BAIL FOR “SUPERVISED OR” FOR “OR”

7. I promise to report to the Napa Probation Department by __________________________________ and

   follow any reasonable orders of the Probation Officer. My “OR” may be cancelled for good cause at any time, and a warrant issued for my arrest, without notice to me or my attorney.

8. Immediately notify the Probation Officer of any change of address and/or phone number.

9. I promise not to consume or possess alcoholic beverages.

10. I promise not to drive a motor vehicle unless properly licensed.

11. You are not permitted to possess any dangerous weapons or firearms. Any firearms or weapons must be removed from your home prior to your release.

12. Submit to blood, breath, or urine test, if requested by any Law Enforcement or Probation Officer. Do not

    consume or possess any non-prescribed or illegal drugs. Provide the Probation Officer with verification of any prescribed drugs within 72 hours of it being prescribed.

13. Submit your person, residence, vehicle and property to search and seizure by a Probation Officer or any law enforcement officer, at any time of the day or night, with or without a warrant, and with or without reasonable suspicion. Contraband seized by the Probation Officer shall be disposed of, stored or returned at the discretion of the Probation Officer.

Form CR-40 Adopted for Mandatory Use [Rev. September 30, 2022] Page 1 of 2

CR-40

14. Submit all electronic devices under your control to search and seizure by any probation or law enforcement officer at any time of the day or night with or without a search warrant, arrest warrant, or reasonable suspicion. You shall also disclose any and all passwords, passcodes, password patterns, fingerprints, or other information required to gain access into any of the aforementioned devices or social

    media accounts as requested by any probation or law enforcement officer.

15. Notify the Probation Officer within 24 hours, of any Law Enforcement contact.

16. I agree to attend treatment and counseling as directed by the Napa Probation Department.

17. I promise not to contact the following people by any means, either directly or indirectly, and to remain at least 100 yards away from them, and the following places:

    ---

    ---

18. I promise not to annoy, molest, strike, threaten, harass, sexually abuse, batter, stalk, or disturb the peace of:

    ---

19. I promise to obey all the following orders imposed by the Court as a condition of my release:

    ---

    ---

20. Install a GPS or SCRAM device at the discretion of the Probation Officer.

I have read this form and I understand everything on it. I agree to accept all the conditions.

Date Defendant’s Signature

Defendant’s Telephone Defendant’s Address

INTERPRETER’S STATEMENT

I, having been duly sworn or having a written oath on file, certify that I truly translated this form to the defendant in the following language: Spanish Other (specify)_____________________

Date Interpreter’s Name Interpreter’s Signature

COPY TO: DEF DA PROB JAIL DEF ATTY DDP NSO PCS CSB _______

Form CR-40 Adopted for Mandatory Use [Rev. September 30, 2022] Page 2 of 2