Fill and Sign the Explanation of Rights and Plea of Guilty Forms

IN THE ___________COURT OF _______________ (County), ____________ (State) (People of the State of _________) V. CAUSE NO. _____________ ____________________________ DEFENDANT (Name of Defendant) Plea Form -- Felony (With Explanations & Waiver of Rights) I. INSTRUCTIONS Fill out this form if you want to plead guilty or no contest.  Read this form carefully. If you understand and agree with what you read, put your initials on the line next to any marked box. If you do not understand any marked box, leave the line blank.  Sign and date the form in the box entitled "Defendant's Statement."  If you have any questions about anything on this form, ask your attorney or the judge. II. CHARGES AND MAXIMUM SENTENCE I want to plead guilty or no contest to the charges and allegations listed below. I understand that the minimum and maximum penalties for the charges to which I am pleading guilty or no contest are listed below. Count Charges & Allegations Minimum Maximum Total (§ & Description) Maximum ________ __________________________ _________ _______ ___________ ________ __________________________ _________ _______ ___________ ________ __________________________ _________ _______ ___________ ________ __________________________ _________ _______ ___________ Aggregate Maximum Time of Imprisonment_________ III. PLEA TERMS AND CONSEQUENCES A. PRISON STIPULATION _____ [ ] I understand that if I plead guilty or no contest to the charges and admit the allegations listed above, the court will sentence me to: _________ years, ___________ months in state prison. B. PROBATION STIPULATION ______ [ ] I understand that the court will place me on felony probation for _____ years. ______ [ ] I understand that as a condition of probation, the court will sentence me to___________ days in county jail. ______ [ ] I understand that if I fail on probation the judge may sentence me up to the Aggregate Maximum Time of Imprisonment on this form. ______ [ ] Conditional Plea: I understand that if the sentencing court does not agree with the terms of my plea bargain, I will be allowed to withdraw my plea and be placed in the same position as prior to the plea. C. STRAIGHT UP PLEA _____ [ ] I understand the minimum and maximum sentence for the charges and allegations to which I am pleading. No one has made any other promises to me about what sentence the court may order. _____ [ ] I understand that I am not eligible for probation. _____ [ ] I understand that I will not be granted probation unless the court finds at the time of sentencing that this is an unusual case where the interests of justice would be best served by granting probation. D. CRC: NARCOTICS ADDICTION CONFINEMENT _____ [ ] I understand that if the court finds that I am addicted to narcotics or in immediate danger of becoming a narcotics addict, the court may send me to a narcotics detention and rehabilitation facility for up to the Aggregate Maximum Time of Imprisonment. _____ [ ] I understand that I am not entitled to receive good-time/work-time credits at a narcotics treatment facility. E. CONSEQUENCES OF MY PLEA 1. Probation Term _____ [ ] I understand that the court may place me on probation for up to 5 years (or __________ years). 2. Jail _____ [ ] I understand that as a condition of probation, the court may sentence me up to __________ days in county jail. 3. Fines/Fees _____ [ ] I understand that the court will order me to pay the amounts below: [ ] Fines: Up to $10,000 in fines, if placed on probation; [ ] Restitution Fines: Up to $10,000; [ ] Victim restitution: Any actual restitution; [ ] Probation supervision $20/month, if placed on probation; [ ] Court security fee $20, for each count; [ ] Probation/Parole Up to $10,000, if I fail on probation or parole; [ ] Conviction Assessment $30 per felony or misdemeanor conviction [ ] Other: ____________________________________. 4. Violation of Any Current Probations/Parole _____ [ ] I understand that a conviction in this case may constitute a violation of any other current grant of probation or parole in any other case and that I may receive additional punishment as a result of that violation. 5. Prior Prison Term _____ [ ] I understand that if I am sentenced to prison, the penalty for any future felony conviction may be increased by one year as a result of my prison term in this case. 6. Parole _____ [ ] I understand that if I am sentenced to state prison or a narcotics treatment facility: I will be placed on parole for up to 4 years ( or ____ years) after my release;  If I violate the terms of my parole, I can be returned to state prison for up to one year for each violation; and  If I abscond from parole supervision, this can extend the total time of parole supervision. 7. Print and DNA Samples _____ [ ] I understand that I must provide biological samples and prints for identification purposes, including buccal (mouth) swab samples, right thumb prints, palm prints, and blood specimens or other biological samples required by law and that failure to do so constitutes a new criminal offense. 8. Strike Offenses _____ [ ] I understand that this offense constitutes a "strike." I understand that if I commit any felony in the future, I will not receive probation, I must serve at least 80% of my future sentence, and my sentence will be doubled. I understand if I accumulate enough strikes in my lifetime (currently two strikes), and I commit any felony, I may be sentenced to life in prison. 9. Serious or Violent Felonies _____ [ ] I understand that this conviction may be used to enhance the sentence of any future felony by (3), (5) and/or __________ years. 10. Probation Ineligibility _____ [ ] I understand that if I commit any felony offenses in the future I am presumed ineligible for probation because I have at least two felony convictions. 11. Credit _____ [ ] I understand that the jail or prison conduct/work-time credit I may accrue will not exceed 15% of the total term of imprisonment. _____ [ ] I understand that I am admitting a prior strike conviction, and my prison work time credit will not exceed 20% of the total term of imprisonment. 12. Arson Offenses _____ [ ] I understand I must register as an arson offender, pursuant to Penal Code Section _____. 13. Child Abuse _____ [ ] I understand that if granted probation, the term of probation must be at least 48 months and I must complete no less than one year of a child abuser's treatment counseling program. 14. Driving Offenses _____ [ ] Driving Privilege: I understand that my privilege to drive a motor vehicle may be revoked or suspended and my vehicle may be ordered forfeited if it was involved in the offense. _____ [ ] DUI Class: I understand that I must complete a driving under the influence class and cannot have my privilege to drive restored until I complete that class. 15. Driving Offenses (continued) _____ [ ] Future DUI: I understand that this offense may be used to increase both the minimum and maximum punishment for any future driving under the influence offense. _____ [ ] Advisement: You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and as a result of that driving, someone is killed, you can be charged with murder. 16. Domestic Violence Offenses _____ [ ] I understand I must pay a minimum $400 domestic violence fund fine. _____ [ ] I understand that this conviction may be used to increase both the minimum andmaximum sentence for any future violation of Penal Code Section _____. _____ [ ] I understand that I am required to attend a 52-week Batterer's Treatment Program. 17. Drug Offenses _____ [ ] Register: I understand I must register as a drug offender, pursuant to Health & Safety Code Section ______, until five years after discharge from prison, release from jail or termination of probation or parole for this offense. _____ [ ] Diversion: I understand that if I am not eligible for Deferred Entry of Judgment or if I fail out of the program, I may be sentenced up to the Aggregate Maximum Time of imprisonment provided for on this form. I understand that I must waive time for sentencing to participate in the program. _____ [ ] Prop. 36: I understand that if I am not eligible for the Proposition 36 drug treatment program or if I fail out of the program, I may be sentenced up to the Aggregate Maximum Time of Imprisonment provided for on this form. _____ [ ] Fines/Fees: I understand that I will be fined: a laboratory testing fee in the amount of $50 as well as all attendant state and local penalties, assessments and surcharges. _____ [ ] Prior: I understand that I am pleading to a commercial drug offense. I understand that if I commit a commercial drug offense in the future, this case may be used to add three years to the sentence of the future commercial drug offense. 18. Firearms/Ammunition _____ [ ] I understand that I may not own, possess or have custody or control of firearms or ammunition for life. I understand that possession of firearms or ammunition is a felony. _____ [ ] I understand that even if my offense is a misdemeanor, I may not own, possess or have custody or control of firearms or ammunition for 10 years. 19. Gang Offenses _____ [ ] I understand I must register as a gang offender, pursuant to Penal Code Section ______, until five years after the imposition of the registration requirement. _____ [ ] I understand that I must serve a minimum of 180 days in county jail if I get probation. 20. Immigration Consequences _____ [ ] I understand that if I am not a citizen of the United States, I will be deported from the country, denied citizenship, and denied re-entry into the United States. 21. Sex Offenses _____ [ ] Register: I understand that I must register as a sex offender for life, pursuant to Penal Code Section _____. _____ [ ] DNA: I understand that I must provide a sample of my DNA for testing of the HIV antibodies. I understand that the results of this test will be provided to the People, the Department of Justice and the victim in this case. _____ [ ] SVP: I understand that this conviction may be used as a qualifying offense under the Sexually Violent Predator Act. I understand that if I qualify as a sexually violent predator, I may be civilly committed for life. _____ [ ] I understand that a court may not suspend my sentence until the court receives a report from a reputable psychiatrist or psychologist pursuant to Penal Code Section _____. _____ [ ] I understand that any future violation of Penal Code Section _____ can be charged against me as a felony. 22. Theft Offenses/Welfare Fraud/Check Fraud _____ [ ] I understand that if I have served or do serve time in custody as a result of this offense, any theft offense I commit in the future may be charged against me as a felony. _____ [ ] I understand that this conviction may affect my ability to receive welfare benefits. _____ [ ] I understand that any future check offense may be charged against me as a felony. 23. Other Consequences : _____ [ ] _______________________________________________________________ _____ [ ] _______________________________________________________________ _____ [ ] _______________________________________________________________ IV. CONSTITUTIONAL RIGHTS I understand that I am entitled to each of the following rights as to the charges and allegations to which I am pleading: RIGHT TO AN ATTORNEY _____ [ ] I understand that I have the right to an attorney of my choice to represent me throughout the proceedings. If I cannot afford to hire an attorney, the court will appoint one to represent me. RIGHT TO A JURY TRIAL _____ [ ] I understand that I have a right to a speedy and public jury trial. At the trial, I would be presumed to be innocent, and I could not be convicted unless, after hearing all of the evidence, 12 impartial jurors chosen from the community were convinced beyond a reasonable doubt that I am guilty. RIGHT TO A COURT TRIAL _____ [ ] I understand that, as an alternative to a jury trial, if the prosecutor agrees, I may give up a jury trial and have a court trial in which the judge alone, without a jury, hears the evidence. I still could not be convicted unless, after hearing all of the evidence, the judge was convinced beyond a reasonable doubt that I am guilty. RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES _____ [ ] I understand that I have the right to confront and cross-examine all witnesses testifying against me. This means that the prosecution must produce the witnesses in court, they must testify under oath in my presence, and my attorney may question them. RIGHT TO REMAIN SILENT AND NOT TO INCRIMINATE MYSELF _____ [ ] I understand that I have the right to remain silent and my silence cannot be considered as evidence against me. I understand that I also have the right not to incriminate myself and I cannot be forced to testify. RIGHT TO PRESENT A DEFENSE AND PRODUCE WITNESSES _____ [ ] I understand that I have a right to present evidence and to have the court issue subpoenas to bring to court all witnesses and evidence favorable to me, at no cost to me. I also have the right to testify on my own behalf. V. WAIVER OF CONSTITUTIONAL RIGHTS _____ [ ] I waive and give up the above constitutional rights, for each of the charges and allegations listed to which I am pleading. _____ [ ] Cunningham Waiver: I waive and give up the above constitutional rights, as to any sentencing factors that may be used to increase my sentence. VI. RIGHT TO & WAIVER OF PRELIMINARY HEARING _____ [ ] I understand that, before I have a trial, the law gives me the right to a speedy preliminary hearing at which the prosecution would produce evidence and the court must find reasonable cause to believe I committed the crimes with which I have been charged. I understand that I have all of the above constitutional rights at the preliminary hearing, except for the right to a jury trial. _____ [ ] I give up my right to a preliminary hearing and the constitutional rights listed above. VII. ENTRY OF PLEA _____ [ ] I freely and voluntarily plead [ ] GUILTY [ ] NO CONTEST to the charges on page one and admit the allegations on page one, understanding that this plea and admission will lead to the penalties listed above. _____ [ ] I offer my plea of guilty or no contest freely and voluntarily and with full understanding of everything in this form. No one has made any threats; used any force against me, my family, or loved ones; or made any promises to me, except as listed on this form, in order to convince me to plead guilty or no contest. _____ [ ] I am not under the influence of any drug, medication or alcohol that affects my ability to understand the nature of and consequences of my plea. _____ [ ] I understand that the court is required to find a factual basis for my plea to make sure that I am entering a plea to the proper offenses under the facts of the case. _____ [ ] I offer to the court the following as the factual basis for my plea and any admissions: (a) [ ] Preliminary Hearing Transcript (b) [ ] Police Report (c) [ ] Facts: _____________________________________________________ ______________________________________________________________________________________________________________________________________________ (d) [ ] I am pleading to take advantage of a plea agreement and my attorney will stipulate to a factual basis for the plea. ( People v. West (1970) 3 Cal.3d 595). NO CONTEST PLEA _____ [ ] I understand that a no contest plea is the same as a guilty plea and that if I plead no contest I will be convicted and my no contest plea can be used against me in a civil case. HARVEY WAIVER _____ [ ] I understand that as part of the plea agreement, the court will dismiss any counts and allegations to which I have not pled. _____ [ ] I understand that the court may consider facts underlying dismissed counts in sentencing me on the count(s) and allegation(s) to which I am entering a plea. VIII. AFTER THE PLEA ARBUCKLE WAIVER (Conditional Pleas Only) _____ [ ] I understand that I have the right to be sentenced by the same judge who takes my plea. I give up that right and agree that any judge may sentence me. PROBATION APPLICATION & REPORT & WAIVER _____ [ ] I understand that I have the right to apply for probation. I waive and give up the right to apply for probation. _____ [ ] I understand that I have the right to have a written sentencing report. I waive and give up the right to a written sentencing report. TIME WAIVER _____ [ ] I understand that I have the right to be sentenced within 20 court days. I give up that right and agree to a later date. DEFENDANT'S STATEMENT I have read or have had read to me this form and have initialed each of the items that applies to my case. If I have an attorney, I have discussed each item with my attorney. By putting my initials next to the items in this form, I am indicating that I understand and agree with what is stated in each item that I have initialed. The nature of the charges, possible defenses, and the effects of any prior convictions, enhancements, and special allegations have been explained to me. I understand each of the rights outlined above, and I give up each of them to enter my plea _____________ ____________________________________ Date Defendant's Signature DEFENSE ATTORNEY'S STATEMENT I am the attorney for the defendant. I reviewed this form with my client. I have explained each of the items in the form, including the defendant's constitutional and statutory rights. I have answered all the defendant's questions with regard to those rights, the other items in this form, and the plea agreement. I have discussed the facts of the case and explained the consequences of the plea. I have discussed the nature and elements of the offenses, allegations and enhancements, any possible defenses to them, the effect of any prior convictions, allegations and enhancements, and the consequences of the plea. I concur in the plea and admissions and join in the waiver of defendant's constitutional and statutory rights. I herby stipulate that there is a factual basis for the plea. _____________ ____________________________________ Date Signature of Defendant’s Attorney INTERPRETER'S STATEMENT I, having been duly sworn or having a written oath on file, certify that I truly translated this form to the language noted below. The defendant stated that he or she understood the contents on this form and then initialed and signed the form. Language: [ ] Spanish [ ] Punjabi [ ] Other: __________ [ ] _______________ ______________ _______________________________________ Date Signature of Interpreter PROSECUTOR'S STATEMENT I have read this form and understand the terms of the plea agreement. I concur in the Defendant's plea of guilty or no contest as set forth above. ______________ _______________________________________ Date Signature of Prosecutor COURT FINDINGS AND ORDER The court, having reviewed this form (and any addenda), and having orally examined the defendant, finds as follows: 1. The defendant has read or has had read to him or her and understands each of the initialed items in this form. 2. The defendant understands the nature of the crimes and allegations to which the defendant is pleading and the consequences of the plea and any admissions. 3. The defendant expressly, knowingly, understandingly, and intelligently waives his or her constitutional and statutory rights. 4. The defendant's plea, admissions, and waiver of rights are made freely and voluntarily. 5. A factual basis exists for the plea and admissions, or the defendant is pleading pursuant to a plea bargain under People v. West. 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 in 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 Judge