CR-101 Plea Form with Explanations and Waiver

PLEA FORM, WITH EXPLANATIONS AND WAIVER OF RIGHTS—FELONY

PEOPLE OF THE STATE OF CALIFORNIA v.

Case Number:

INSTRUCTIONS: Fill out this form only if you want to plead guilty or no contest. Read this form carefully. For each item, if you understand and agree with what you read, put your initials in the box to the right of the item. For any item that does not apply to you or that you do not understand, leave the box blank. On page 6, sign and date the form under "DEFENDANT'S STATEMENT." Keep in mind that the court cannot give legal advice. If you have any questions about anything in this form, ask your attorney.

1. CHARGES AND MAXIMUM TERM

I want to plead guilty or no contest ("nolo contendere") 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.

Aggregate Maximum Time of Imprisonment:

2. PLEA AGREEMENT

I understand that I must tell the court on this form about any promises anyone has made to me about the sentence I will receive or the sentence recommendations that will be made to the court.

a. Check one:

State Prison (or the Division of Juvenile Justice)

County Jail for years and

Probation for years under conditions to be set by the court

Other:

b. Split Sentence (1170(h)(5)(B)): years and days in the county jail and years and days on mandatory supervision.

c. Narcotics Addiction Confinement: I understand that the court may send me to a narcotics detention, treatment, and rehabilitation facility.

d. Open Plea:

I understand the maximum and minimum sentences for the charges and allegations stated on page 1.

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 / unusual case requirement.

f. Restitution, Statutory Fees, and Assessments:

Victim Restitution Fund: $

Restitution to actual victims: $

Victims of Crime Fund: $

Court operations assessment: $

Court facilities assessment: $

Base fine plus penalties/assessments/surcharges: $

Other: $

Other: $

g. Parole Revocation or Probation Revocation Fine: I understand the court will impose the applicable revocation fine.

h. Dismissal of Other Counts:

i. Other Terms:

3. CONSEQUENCES OF MY PLEA

No contest plea is the same as guilty and may be used against me in a civil case.

If sentenced to state prison or a narcotics treatment facility, I will be placed on parole or postrelease community supervision.

Conviction may violate other parole, supervision, or probation grants.

Registration:

Arson offender

Gang member

Narcotics offender

Sex offender

Other:

I understand that I must provide biological samples and prints for identification purposes.

I understand the consequences of pleading to a serious or violent felony ("strike").

I understand future felony penalties may be increased due to prior incarceration.

I understand my privilege to drive may be revoked or suspended and my vehicle may be forfeited.

Immigration Consequences: I understand my plea may result in deportation, exclusion, denial of naturalization, and related consequences.

Firearms: I understand convicted felons are prohibited from possessing firearms or ammunition for life.

Other Consequences:

4. RIGHT TO AN ATTORNEY

I understand that I have the right to an attorney of my choice or appointed counsel if I cannot afford one.

I hereby give up my right to be represented by an attorney.

5. OTHER CONSTITUTIONAL RIGHTS

Right to a Jury Trial

Right to a Court Trial

Right to Confront and Cross-Examine Witnesses

Right to Remain Silent and Not to Incriminate Myself

Right to Produce Evidence and to Present a Defense

6. BEFORE THE PLEA

I have had a full opportunity to discuss the facts, charges, defenses, rights, and consequences with my attorney.

I have no further questions of the court or my attorney.

I agree to have a commissioner, sitting as a temporary judge, take my plea and sentence me.

I understand the court may withdraw approval of the plea agreement and I may withdraw my plea if that occurs.

Medications or Controlled Substances:

7. STATUTORY RIGHT TO A PRELIMINARY HEARING

I give up my right to a preliminary hearing and the constitutional rights listed above.

8. WAIVER OF CONSTITUTIONAL RIGHTS

Waive jury trial

Waive court trial

Waive confrontation and cross-examination

Waive right to remain silent

Waive right to produce evidence and present a defense

9. THE PLEA

I freely and voluntarily plead to the charges listed in item 1 and admit the allegations listed in item 1.

Plea Type: Guilty No Contest

I offer my plea freely and voluntarily with full understanding of everything in this form.

No one has made threats or promises except as listed in this form.

Factual Basis for Plea:

Preliminary hearing transcript

Police report

Probation report

Welfare investigator's declaration

Court documents regarding prior offenses

Other:

Facts:

10. AFTER THE PLEA

I understand that the court is allowing me to surrender at a later date to begin serving time in custody.

I give up my right to be sentenced by the same judge or commissioner.

I give up my right to be sentenced within 20 court days and agree to a later date.

11. MANDATORY WARNING

I understand the warning regarding driving under the influence and possible murder charges.

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. 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.

ATTORNEY'S STATEMENT

I am the attorney of record for the defendant. I have reviewed this form with my client and explained the defendant's rights, the plea agreement, and the consequences of the plea.

INTERPRETER'S STATEMENT

I certify that I truly translated this form to the defendant in the language noted below.

Language: Spanish Other

Interpreter's Name (Type or Print):

DISTRICT ATTORNEY'S STATEMENT

I agree with the terms of the plea agreement and the indicated sentence.

I do not agree with the terms of the plea agreement and the indicated sentence.

COURT'S FINDINGS AND ORDER

The defendant has read or has had read to him or her and understands each of the initialed items in this form.

The defendant understands the nature of the crimes and allegations and the consequences of the plea and any admissions.

The defendant expressly, knowingly, understandingly, and intelligently waives constitutional and statutory rights.

The defendant's plea, admissions, and waiver of rights are made freely and voluntarily.

A factual basis exists for the plea and admissions, or the defendant is pleading pursuant to a plea bargain under People v. West.