Imperial — Plea of Guilty Misdemeanor (CR-09)

Source: https://www.imperial.courts.ca.gov/system/files/forms-and-filings/cr-09.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL FOR COURT USE ONLY 650 Wake Avenue, El Centro, CA 92243 939 West Main Street, El Centro, CA 92243 2124 Winterhaven Drive, Winterhaven, CA 92283 People of the State of California,

vs.

Defendant(s):

PLEA OF GUILTY – MISDEMEANOR CASE NUMBER:

PLEASE READ AND INITIAL

__________ 1.(a) I personally appeared and entered a plea of (guilty)(no contest) to the charges of _______________________________ ____________________________________________________________________________________________________

(b) (IF APPLICABLE:) I desire to admit the truth of any alleged prior convictions(s) ______________________________

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__________ 2. (a) My lawyer is_____________________________________________________________________________________

__________ (b) I do not have a lawyer representing me in these proceedings. If 2b is initialed, complete the reverse page.

__________ 3. The Court/my attorney has explained the nature of the charges, elements of the offense(s), and pleas and defenses availabl e to me. __________ 4. I have been advised, understand, and, knowingly and intelligently GIVE UP (WAIVE), in relation to the present charges as well as any prior convictions which may have been alleged and admitted, each of my following trial rights: __________ (a) My right to be TRIED BY JURY or COURT TRIAL; __________ (b) My right to be confronted by witnesses against me, that is, to SEE, HEAR, AND QUESTION ALL WITNESSES AGAINST ME; the right to CONFRONT WITNESSES. __________ (c) My right not to incriminate myself, that is, NOT TO BE REQUIRED TO PLEAD GUILTY OR TESTIFY AGAINST MYSELF. My right to remain silent. __________ (d) I AM ADVISED THAT IF I AM NOT A CITIZEN, CONVICTION OF THE OFFENSE(S) WITH WHICH I 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. __________ 5. (a) Maximum Penalty: ______________________________________________________________________________ __________ (b) Subsequent arrest for petty theft may be filed as a felony. __________ (c) My plea of guilty/no contest in this case could result in revocation of my probation or violation of parole in other case s. __________ (d) Other consequences of my plea_____________________________________________________________________ __________ 6. My decision to enter this plea has been made freely and voluntarily, without fear of threat to me or to anyone closely related to or associated with me. No promises or inducements have been made to me in connection with this plea, except (specify):___________________________________________ __________ 7. I UNDERSTAND THAT A PLEA OF NO CONTEST IS THE SAME AS A PLEA OF GUILTY IN THIS CASE FOR PURPOSES OF SENTENCING. __________ I HAVE READ AND UNDERSTAND EACH OF THE ABOVE ITEMS.

Dated: ____________________________________ ___________________________________________________Signature

Defendant

STATEMENT OF ATTORNEY

I am defendant’s attorney of record. I have explained to the defendant each of his rights relating to his plea, including immigration consequences, and I am satisfied that he understands them. I concur with his plea and waivers.

Dated____________________________________ ___________________________________________________Signature

FINDINGS AND ORDER The Court finds that:

1. Defendant has appeared in open court and entered his plea(s).

2. Defendant has knowingly, intelligently, and understandingly waived his rights, including his right to jury trial, his right to confront witnesses against him, and his right against self-incrimination as they relate to the charged offense and any prior convictions.

3. There is a factual/legal basis for the plea(s).

4. Defendant has been advised of the consequences of his plea, the effect of which any prior conviction(s) will have on the puni shment, and other sanctions to be imposed upon his conviction.

5. Defendant’s waivers of his rights and his plea(s) are free and voluntary.

IT IS ORDERED: Defendant’s plea(s) of (guilty)(no contest) be entered and filed. The Court accepts defendant’s admission of his prior(s).

Dated: ________________________________________ _______________________________________________Signature

Judge of the Superior Court

Mandatory Use www.imperial.courts.ca.gov CR-09 (Adopted 01/01/09, Last Revised 01/01/24) PLEA OF GUILTY - MISDEMEANOR Page 1 of 2

DEFENDANT CASE NUMBER:

WAIVER OF RIGHT TO HAVE LAWYER PLEASE READ AND INTIAL

_____ 1. I understand that I am charged in this case with having violated section _____________, a misdemeanor. 2. I understand that the possible consequences of a conviction of this include the following: _____ (a) Jail and/or fine: the judge may sentence me to serve a maximum of __________________ in jail and pay a __________________ fine plus penalty. _____ (b) I will be required to register as a _________________ offender pursuant to section ___________.

_____ (c) Other possible consequences:______________________________________________________.

_____ (d) Probation: The judge may require me to participate in educational and treatment programs. The

judge may place me on probation for up to three years, requiring me to comply with various terms

and conditions during that time.

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_____ 3. The court has explained the nature and elements of the offense(s) charged against me and the pleas and defenses available to me. _____ 4. I UNDERSTAND MY CONSTITUTIONAL RIGHT TO HAVE A LAWYER DEFEND ME AT ALL STAGES OF THE PROCEEDINGS AND THAT IF I AM UNABLE TO AFFORD A LAWYER, THE COURT WILL APPOINT ONE FOR ME. _____ 5. Having in mind each of the above items, I knowingly and intelligently GIVE UP (WAIVE) my right to have a LAWYER defend me in these proceedings and request that I be permitted to represent myself.

Dated:____________________________ _______________________________________Signature
Defendant

FINDINGS AND ORDER

The Court finds that:

Defendant understands the nature of the charge(s) against him, the elements of the offense(s), the pleas and defenses available thereto, and the consequences of conviction thereof.

Defendant’s waiver of his right to counsel is intelligently and understandingly made.

IT IS ORDERED THAT:

Defendant’s waiver of his right to counsel be accepted and filed, and the defendant be permitted to represent himself.

Dated: ________________________________ __________________________________________Signature Judge of the Superior Court

Mandatory Use www.imperial.courts.ca.gov CR-09 (Adopted 01/01/09, Last Revised 01/01/24) PLEA OF GUILTY - MISDEMEANOR Page 2 of 2