Constitutional Sixth Amendment Form

CONSTITUTIONAL SIXTH AMENDMENT FORM

This Constitutional Sixth Amendment Form (the "Form") is executed on by and between Defendant: and Prosecuting Authority: in the matter identified as Case Number: pending before .

RECITALS

WHEREAS, the Sixth Amendment to the United States Constitution guarantees the accused the right to a speedy and public trial, to an impartial jury, to be informed of the nature and cause of the accusation, to confront adverse witnesses, and to have compulsory process for obtaining witnesses in the defendant's favor;

WHEREAS, Defendant asserts or elects with respect to one or more specific Sixth Amendment protections as set forth in this Form, and requests that the procedural posture of the case reflect such election or assertion;

WHEREAS, the parties desire to document the Defendant's election, assertion, or waiver of particular Sixth Amendment rights and to provide notice and a record to the Court and opposing party as to the scope and effect of that election or assertion;

NOW, THEREFORE

In consideration of the mutual covenants contained herein and for the purpose of creating a clear record, the parties agree as follows:

1. DEFINITIONS

For purposes of this Form, the following definitions apply: "Defendant" means the individual identified above; "Prosecuting Authority" means the entity identified above; "Case" means the matter identified by the Case Number above and the charges described as: .

2. ASSERTION OR WAIVER OF RIGHT TO COUNSEL

Defendant hereby affirms the following selection (check one):

Defendant asserts the right to assistance of counsel and requests appointment or continued representation by counsel identified as:

Defendant knowingly, intelligently, and voluntarily waives the right to counsel after being advised of the nature of the charges, the possible penalties, and the disadvantages of self-representation; Defendant acknowledges receipt of such advisement and initial here:

3. SPEEDY TRIAL

Defendant requests enforcement of the right to a speedy trial. The date of arrest or first restraint is: . If applicable, Defendant requests that the Court set a trial date within the time frames required by applicable law and to deny or limit any continuances that would unduly prejudice Defendant.

4. CONFRONTATION AND COMPULSORY PROCESS

Defendant asserts the right to confront witnesses against the Defendant and to compulsory process for obtaining witnesses in the Defendant's favor. Defendant requests issuance of subpoenas or other process as needed for the following witnesses and evidence (provide names and descriptions):

5. NOTICE TO PROSECUTING AUTHORITY

Defendant and Defendant's counsel, if any, request that all formal notices, motions, and filings related to the election or waiver asserted herein be served upon the following contact for the Prosecuting Authority:

6. SCOPE OF WAIVER OR ELECTION

Any waiver executed by Defendant pursuant to this Form is limited to the specific right(s) identified and is effective only to the extent that it is given knowingly, intelligently, and voluntarily. Defendant acknowledges that the waiver does not waive unrelated constitutional protections and may be rescinded or modified only by express written notice or by order of the Court.

7. REMEDIES AND ENFORCEMENT

If Defendant's asserted Sixth Amendment rights are violated, the Defendant may move for appropriate remedies including, but not limited to, dismissal of charges, suppression of evidence, exclusion of witness testimony, or other relief as the Court deems just and proper. The Prosecuting Authority agrees to notify the Court in writing if it challenges the validity, scope, or voluntariness of any waiver set forth herein.

8. NOTICES

All notices, requests, demands, and other communications required or permitted under this Form shall be in writing and delivered to the parties at the addresses set forth below or to such other address as a party may designate by written notice delivered in accordance with this section.

9. AMENDMENTS; WAIVER

No amendment or waiver of any provision of this Form shall be effective unless in writing and signed by the party against whom enforcement is sought. No failure or delay by any party in exercising any right under this Form shall operate as a waiver of that right.

10. GOVERNING LAW

This Form shall be governed by and construed in accordance with the Constitution of the United States and the laws and procedural rules of the jurisdiction in which the Case is pending, without regard to conflict of laws principles.

11. ENTIRE AGREEMENT

This Form constitutes the entire record of the Defendant's election, assertion, or waiver of Sixth Amendment rights as between the parties and supersedes any prior written statements pertaining to the same subject matter.

12. SEVERABILITY

If any provision of this Form is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Form shall remain in full force and effect and the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable.

13. COUNTERPARTS

This Form may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

14. CERTIFICATION AND WARNING

By signing below, Defendant certifies that the Defendant has read and understands this Form; that the Defendant's election or waiver of any Sixth Amendment right is made knowingly, intelligently, and voluntarily; and that the Defendant understands the consequences of any waiver. The Prosecuting Authority certifies that it has been provided notice of the Defendant's election or waiver as set forth above.

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