Fill and Sign the Written Notification Form

JV-751 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ––––– ––––– ––––– TELEPHONE NO.: ––––– FAX NO. (Optional): ––––– E-MAIL ADDRESS (Optional): ––––– ATTORNEY FOR (Name): ––––– SUPERIOR COURT OF CALIFORNIA, COUNTY OF ––––– STREET ADDRESS: ––––– MAILING ADDRESS: ––––– CITY AND ZIP CODE: ––––– BRANCH NAME: ––––– CASE NUMBER: CITATION AND WRITTEN NOTIFICATION FOR DEFERRED ENTRY OF JUDGMENT—JUVENILE ––––– Notice of Hearing CITATION TO (Name of youth): ––––– ––––– (Name of custodial parent, guardian, or caregiver): ––––– (Address): ––––– ––––– 1. The District Attorney has determined that this youth is eligible to be considered by the Juvenile Court for a Deferred Entry of Judgment on the offense or offenses alleged in the petition filed (date): ––––– 2. YOU ARE ORDERED TO APPEAR AT A HEARING on (date): ––––– at (time): ––––– in Dept.: ––––– Room: ––––– located at: courthouse address above other (specify address): ––––– ––––– ––––– At the hearing the court will consider whether or not to grant a Deferred Entry of Judgment. NOTICE To Parent and Others Legally Responsible for the Care and Support of the Youth 1. If the court grants a DEFERRED ENTRY OF JUDGMENT, you may be required to participate in a counseling or education program with the youth. 2. No judicial officer may hear a case when it is shown that the judicial officer is prejudiced against any party or attorney or the interest of any party or attorney appearing in the case. California Code of Civil Procedure section 170.6 describes the bases and procedures for a claim of such prejudice. Page 1 of 2 Form Adopted for Mandatory Use Welfare and Institutions Code, §§ 790, 791 Judicial Council of California JV-751 [Rev. January 1, 2006] CITATION AND WRITTEN NOTIFICATION FOR DEFERRED ENTRY OF JUDGMENT—JUVENILE electronic form ã 2005 WWW.LawCA.co m Law Publishers JV-751 YOUTH'S NAME: CASE NUMBER: ––––– ––––– WRITTEN NOTIFICATION 3. A DEFERRED ENTRY OF JUDGMENT will mean that the youth will be on probation for a specific length of time (between 12 and 36 months). Upon successful completion of probation: a. The petition that has been filed will be dismissed. b. The arrest for the offenses will be considered to NEVER have occurred. c. All records in the court, probation department, and law enforcement agencies regarding the petition will be sealed, although the District Attorney and the probation department shall have access for the limited purpose of determining future eligibility for deferred entry of judgment. 4. If the youth, the youth's attorney, the District Attorney, and the court agree that a DEFERRED ENTRY OF JUDGMENT should be granted, in lieu of normal court proceedings the youth will be required to do all of the following: a. To admit that the youth committed the offense or offenses alleged to have been committed. The District Attorney may require an admission to all offenses charged. b. To agree to postpone the final determination of the case. c. To satisfactorily complete a program of probation. d. To obey all laws, follow all of the orders of the court, and the directions of the probation officer. 5. At the hearing, the court will consider the information provided by the District Attorney, any report by a probation officer, and other evidence presented. The youth or the youth's attorney may submit written or oral evidence or statements. 6. If the court grants a DEFERRED ENTRY OF JUDGMENT, certain conditions of probation will be imposed, including: a. A curfew. b. Regular attendance at school or an education or training program, or employment. c. Submission to search of the youth's person, residence, and property under the youth's control without a warrant, by a police or probation officer. 7. The court may impose other conditions of probation, such as: a. Prohibiting the consumption or possession of alcoholic beverages, controlled substances, and tobacco, and requiring submission to chemical tests to determine the use of any of these items. b. Restitution to a victim. c. Any other orders the court finds would assist the youth and protect the community, including orders for the parent, guardian, or caregiver of the youth to participate in a counseling or education program. d. Counseling or treatment that the court finds will benefit the youth. 8. IF AT ANY TIME DURING THE PERIOD OF PROBATION a. the youth is found to have committed a felony, b. the youth is found to have committed misdemeanor offenses on more than one occasion, or c. the District Attorney or the Probation Officer notifies the court that the youth is not complying with the conditions of probation, or the orders are not benefiting the youth, the court will lift the Deferred Entry of Judgment and set a hearing to conclude the case, with consideration of all possible consequences under the law, including commitment to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice. 9. IF AT ANY TIME DURING THE PERIOD OF PROBATION the youth is found to have committed one misdemeanor or more on only one occasion, the court may set a hearing to determine if the Deferred Entry of Judgment should be lifted and other orders, including punishment, should be made, or if the Deferred Entry of Judgment should be continued with additional or different conditions of probation. If the court terminates the Deferred Entry of Judgment, the court will then conclude the case, with consideration of all possible consequences, including commitment to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice. 10. If the youth commits two or more felonies after the deferred entry of judgment is granted, these could be the basis for a finding by a court that the youth is not a fit subject for treatment under juvenile court laws and should be prosecuted as an adult. 11. During this proceeding, the youth will be represented by an attorney acting on his or her behalf. The district attorney will act for the state, prosecuting the case. The probation department will supervise the youth during the period of the deferred entry of judgment. The court's role is to ensure that the procedures are properly followed. JV-751 [Rev. January 1, 2006) CITATION AND WRITTEN NOTIFICATION Page 2 of 2 FOR DEFERRED ENTRY OF JUDGMENT—JUVENILE