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Fill and Sign the Municipal Court Guide Level I Tmcec Form

Fill and Sign the Municipal Court Guide Level I Tmcec Form

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IN THE ___________________________________________COURT OF __________________________________________________ (State, County or Municipality) _______________________________________________ (Name of State, County or Municipality) V. CAUSE NO. ______,______ _______________________________________________ (Name of Defendant) DEFENDANT PLEA AGREEMENT _________________________________________________ (Name of Prosecutor), [e.g. District Attorney for (Name of County and State)] ____________________________________ ________________________________________________________________________ and ________________________________________________________ (Name of Defendant), Defendant agree to the following disposition of this case: A. Pleas The Defendant agrees to plead nolo contendere to (describe or specify charges) ______________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________. B. Terms Defendant's plea is made on the following understandings, terms and conditions:1.Defendant and the District Attorney agree that a sentence no greater than ______ ______________ (number of months or years) , and no less than ___________________ (number of months or years) , is an appropriate disposition of this case. 2. The District Attorney agrees (e.g., to move to dismiss) ______________________ ____________________________ the following charges: (describe or specify charges) ________________________________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________. 3. This Agreement, unless rejected or withdrawn, serves to amend the (e.g., complaint or indictment) _________________________________ to charge the offense to which the Defendant pleads, without the filing of any additional pleading. If the plea is rejected or withdrawn, the original charges are automatically reinstated. 4. Defendant gives up his right to a preliminary examination or other probable cause determination on the charges to which Defendant pleads. In the event the Court rejects the plea, or the Defendant withdraws the plea, the Defendant gives up Defendant's right to a preliminary examination or other probable cause determination on the original charges. 5. Unless this plea is rejected or withdrawn, the Defendant gives up any and all motions, defenses, objections or requests that he has made or raised, or could assert to the Court's entry of judgment against him and imposition of sentence on him consistent with this Agreement. C. Statement By Defendant I have read and understand the above. I have discussed the case and my constitutional rights with my lawyer. I understand that by pleading nolo contendere I will be giving up my right to a trial by jury, to confront, cross-examine, and compel the attendance of witnesses, and my privilege against self-incrimination. I agree to enter my plea as indicated above on the terms and conditions set forth above. I fully understand that if, as part of this plea bargain, I am granted probation by the court, the terms and conditions of the Agreement are subject to modification at any time during the period of probation in the event that I violate any written condition of my probation. WITNESS my signature this __________________________________________ (date). ____________________________________________________________________________________ (Name and Signature of Defendant)____________________________________________________________________________________ (Address of Defendant) _______________________________________ (Telephone No. of Defendant) D. Statement by Defendant’s Attorney I have discussed this case with my client in detail and advised him of his constitutional rights and all possible defenses. I believe that the plea and disposition are appropriate under the facts of this case. I concur in the entry of the plea as indicated above and on the terms and conditions set forth in the Agreement. Respectfully submitted, _________________________________________ ________________________________________ (Name and Signature of Defendant’s Attorney) (Attorney for Defendant) __________________________________________ (Name of Defendant’s Attorney)__________________________________________________________________________ (Address of Defendant’ Attorney)___________________________________ (Telephone No. of Defendant’s Attorney) Fax Number ________________________ State Bar No. _________________ Date: ______________________________________ E. Statement by District Attorney I have reviewed this matter and concur that the plea and disposition set forth are appropriate and are in the interests of justice. WITNESS my signature this __________________________________________ (date). _________________________________________ _________________________________________ (Name & Signature of District Attorney) _____________________________________________ (Name of District Attorney) ______________________________________________________________________________ (Address of District Attorney) _______________________________________ (Telephone No. of District Attorney) Fax Number _____________ _____________ State Bar No. ___________________

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