Fill and Sign the Misdemeanor Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, MISDEMEANOR PETITION TO ENTER PLEA OF GUILTY AND , Respondent, TO THE ABOVE-NAMED COURT: __________________________ I wish to enter a plea of guilty in the above-entitled case and I hereby state to the Court the following: 1. I am the Defendant in this case, my full name is _________________ and my date of birth is _________________ . 2. I am charged with _________________ in violation of _________________ _________________ _________________ . 3. I hereby plead guilty to the offense of _________________ in violation of _________________ . 4. I am pleading guilty because on _________________ in the City of _________________ , County of _________________ , and State of Minnesota I committed the following acts: _________________ _________________ _________________ _________________ ___________ ______ _________________ _________________ . 5. I understand that the maximum possible sentence for the misdemeanor offense to which I am pleading guilty is 90 days imprisonment or a fine of $ _________________ or both. 6. RIGHT TO AN ATTORNEY. I understand that I have the right to be represented - 1 - by an attorney and that an attorney will be appointed to represent me without cost to me if I cannot afford to pay for an attorney. 7. I have fully discussed the charges, my constitutional rights and this petition with my attorney, _________________ . (or) 7a. WAIVER OF ATTORNEY. I give up my right to be represented by an attorney and any right I might have to request that an attorney be appointed to represent me. 8. I understand that I also have the following constitutional rights which I knowingly and voluntarily give up: a. The right to a trial to the court or to a jury in which I am presumed innocent until proven guilty beyond a reasonable doubt an in which all jurors in a jury trial must agree I am guilty before the jury could find me guilty. b. The right to confront and cross-examine all witnesses against me. c. The right to remain silent or to testify for myself. d. The right to subpoena and present witnesses to testify for me in my defense. e. The right to a pretrial hearing to contest the admissibility at trial of any confessions or admissions or of any evidence obtained from a search and seizure. 9. I am entering my plea of guilty freely and voluntarily and without any promises except as indicated in number 10 below. 10. I am entering my plea of guilty based on the following plea agreement with the prosecutor _________________ _________________ _________________ _________________ ___________ ______ _________________ _________________ . 11. I understand that if the Court does not approve this agreement I have the right to withdraw my plea of guilty and have a trial. 12. I understand that if this plea of guilty is accepted I have the right to be present at the time of sentencing and to speak and to present evidence on my behalf. 13. I hereby request to be present at the time of sentencing. (or) - 2 - 13a. I hereby knowingly and voluntarily give up my right to be present upon (entry of my plea and) sentencing and request that the court sentence me in my absence, but according to any plea agreement that might be contained in this petition. Dated this _________________ day of _________________ , 20 __ . __________________________________________ (Signature of Defendant) __________________________________________ Printed Name of Defendant I, _________________ , state that I am the attorney for defendant in the above-entitled criminal action; that I personally explained the contents of the above petition to the defendant; and that I personally observed the defendant date and sign the above petition. Dated this _________________ day of _________________ , 20 __ . ________________________________________ ______________________ (#____________) Attorney for Defendant Agreement Approved Dated this _________________ day of _________________ , 20 __ . ________________________________________ City Attorney (#_________________) PETITION AND PLEA OF GUILTY ACCEPTED BY: ___________________________________ _________________ Judge of District Court Date - 3 - NOT GULITY PLEAS TO MISDEMEANORS If you do not want the client to appear at the arraignment and you want to enter a not guilty plea, you can file a WAIVER OF PRESENCE form. This can be presented when you (the attorney) appear at the arraignment. At that time, ask the prosecutor for a formal complaint. In some suburban counties, you can call the clerk of court and get permission to mail in the Waiver of Presence form and ask that a formal complaint be issued due on the date of the pretrial. The court administrator will just put the case on for pretrial and you (the attorney) do not have to appear at the arraignment. This may not work if the charge is assault. In Ramsey Co., they want the defendant there so the County Atty can question them about any request for a no contact order. - 4 - STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, WAIVER OF PRESENCE AND , Respondent, Pursuant to Rule 26.03, Subd. 1 (3) 3, of the Minnesota Rules of Criminal Procedure, I hereby waive my right to be present at any court appearance except the plea of guilty, trial, and imposition of sentence in the above-referenced case provided that one of the undersigned attorneys of Jack S. Jaycox Law Offices, Ltd. is present to represent me in my absence. I understand that it is my obligation to appear in Court at any stage of the proceedings including those stages mentioned above, and that only the Court may excuse me from attending. I understand further that executing this waiver and consent does not relieve me of my obligation to appear in Court at any stage of the proceeding. Dated this _________________ day of _________________ , 20 __ ____________________________________ Defendant ____________________________________ Attorney for Defendant - 5 -