CORRESPONDENCE_1974-1999 - Laserfiche WebLink

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MUNICIPACCOURT , LEGAL RIGHTS OF A DEFENDANT CHARGED WITH A MISDEMEANOR 1. RIGHT TO KNOW THE CHARGE:You have a right to know what criminal charges have been filed against you. 2. RIGHT TO ATTORNEY: You have a right to be represented by an attorney at all stages of your case, including this arraignment. 3. FREE ATTORNEY:You have a right to have an attorney nppointed to represent you if you do not have the money to hire one. (Upon the conclusion of the criminal proceedings,the court shall,after a hearing,make a determination of your then present ability to pity till or a portion of the cost of counsel. if the court determines that you have such present ability it shall order you to pay such cost. Such order shall have the same force and effect as a civil judgment and shall be subject to execution against your property or assets.) 4. CONTINUANCE AND DELAY: You have a right to a continuance(aa delay)to obtain an attorney or to prepare your defense. 5. RELEASE ON BAIL AND DETENTION HEARING: If,you are in custody, ,you have the right to be released on your own recognizance or by posting reasonable hail. If you are not released on your own recognizance you have the right to a hearing to determine if there.is probable muse to continue you in custody subject to posting bail. 6. PROBABLE CAUSE HEARING:If you are in custody you have the right to demand a hearing as to whether there is probable cause to believe that an offense has heen committed by you.'This hearing must be held immediately at the time the motion is made,unless, for good cause,a continuance of not more than 3 days is granted. If probable cause is not found the offense must be dismissed. 7. PLEAS AVAILABLE: You have the right to enter the following pleas to the charges pending against you:(a)Guilty,(b)Not Guilty(c)Nolo Contendere(No Contest),a nolo contendere plea has the same effect as it guilty plea and will be accepted by the court as it guilty plea,but it cannot he used against you in it Civil suit.(d)Not Guilty by reason of insanity(e)Not guilty by reason of former jeopardy(f)Not guilty by reason of former judgment(g)you may admit a prior(h)you may deny a prior. 8. TRIAL BY JURY OR„COt hT: if,you plead not guilty,,you have the right to a public trial by jury or by the court,at your choice. Trial by jury requires presence of 12 impartial citizens who must all agree on your guilt or innocence to make a verdict. 9. CONFRONT WITNESSES:At any trial you have the right to confront,see,hear,and cross-examine all witnesses testifying against,you. 10. SUBPOENA WITNESSES: At any triad you have the right, without cost, to have this court issue subpoenas to require all favorable witnesses to testify on your behalf. 11. NO SELF-INCRIMINATION: At tiny trial, ,you have the right to remain silent and to refrain from incriminating yourself. Such silence cannot be held against you. You have this right on the issue of,your guilt. If you elect you can testify in your own behalf. - 12. SPEEDY TRIAL: You have the right to have your trial: (a) within:10 days of,your first appearance in court if you are in jail,or; (h) within 45 days ofyour first appearance in court if,you sire not in jail,and,if good cause is not shown,the charges must be dismissed if trial is not afforded ,you within the times specified. 13. RIGHT TO KNOW PENALTY: You have the right to know the maximum penalty for each offense charged against you. (a) if arc convicted of a misdemeanor, each offense carries a maximum penalty of 1 year in the county jail, a $2,000 fine or both. Some misdemeanor charges may have a lesser maximum penalty. (b) if you are convicted of a violation of 23152 CVC you may he punished by 6 months in the county jail, a $ 1,000 fine, or both, plus a suspension of your driving privlege for six months. and if you drive with a measurable amount of alcohol(.04%)in your blood or refuse to take a chemical test,the court shall revoke or terminate your probation and you shall be confined in county jail for not less than 48 hours for each violation of probation.If your blood alcohol content was.20%or above,or if you refused to submit to a chemical test,the Court shall consider this in determining whether to enhance the penalties imposed,whether to grant probation,or whether to impose additional terms and conditions of probation. (c) If you are convicted of a violation of Section 23152 of the Vehicle Code and the offense occurred in a vehicle requiring a Class l or Class 2 driver's license to operate,your license will be suspended for six(6)months even if probation is granted. (d) If you are convicted of a violation of 23152 of the Vehicle Code within 7 years of a prior conviction of Vehicle Codes 23152,23153,23101,23102, 23105,23106 or 23103 under 23103.5,you may be sentenced to I year in jail,$1,000 fine or both,your license may be suspended for 18 months, you may be required to attend drivers school or alcohol treatment program and your vehicle may be impounded from 1-90 days at your expense. (e) If you arc convicted of a violation of 23103 of the Vehicle Code pursuant to 23103.5 of the Vehicle Code within the next seven(7)years the violation constitutes a prior for 23152 of the Vehicle Code and you will be sentenced under the increased penalties the law provides for subsequent convictions. (f) If you arc convicted of a violation of 23152 of the Vehicle Code within 7 years of 2 convictions of any of the following offenses,to-wit,23152, 23153,23101,23102,23105,23106,or 23103 under 23103.5 you may be sentenced to I year in jail,$1,000 fine or both,your license will be revoked for 3 years,you must show completion of one year alcohol program to the Department of Motor Vehicles before your license will be reissued and your vehicle may be impounded from 1-90 days at your expense.if you are convicted of a violation of 23152 of the Vehicle Code within 7 years of 3 or more convictions of any of the following offenses,to-wit,23152,23153,23101,23102,23105,23106,or 23103 under 23103.5,you may be sentenced to 1 year in jail,$1000.fine or both,your operator's license will he revoked for 4 years,you must show completion of one year alcohol program to the Department of Motor Vehicles before your license will be reissued and your vehicle may be impounded from 1-90 days at your expense. (g) If you are convicted of a sex offense,you will be requires to register as a sex offender under 290 of the Penal Code.. (h) if you are convicted of possessing,using,cultivating,selling or transporting a controlled substance(narcotic,drug or marijuana)you will be required to register as a narcotic offender under 11590 of Health and Safety Code. (i) If you are an alien a conviction crime could result in deportation or exclusion from admission to the U.S.,or denial of naturalization as a citizen of the U.S. (j) if you are granted probation,unless the court finds compelling or extraordinary circumstances to the contrary,you will be ordered to make restitution(pay damages)to the victim or restitution fund or do community service in lieu of payment. 14. CONTINUANCE OR DELAY FOR SENTENCING: if,you plead guilty, nolo contendere(no contest)or are found guilty,you have the right to be sentenced not less than (i hours nor more than 5 days after,you plead or are found guilty unless you waive(give up)the statutory time for sentencing. 15. SEPARATE COUNSEL OR TRIAL: If you tare charged jointly with a co-defendant,you may be entitled to a separate attorney and/or at separate trial if a conflict exists between you. 16. PRIORS: If charged with a prior conviction of some offense, your right to a jury trial, to confront witnesses, to subpoena witnesses and your right against incrimination,as to validity of such prior,exist separate from the same rights relating to your guilt on the new charge. 17. PRESUMPTION OF INNOCENCE: You are presumed innocent until proven guilty beyond a reasonable doubt. DO NOT SiGN THIS STATEMENT UNLESS YOU FULLY UNDERSTAND IT I represent//to--the -Court that I have read and fully understand the foregoing stat.m of my le al nigh Dated Signature of defendan I declare under penalty of perjury that i have interpreted this Legal Rights fu it from the English language into the _language,and I represent to th-Court that the defendant understood my translation and the answers sire as indicated by the defendant. Dated 19 Signature of Interpretor CERTIFICATION I certify that the defendant handed to me the foregoing statement and he stated to me that he did read the foregoing statement and understood the same and this statement is hereby made it part of the docket. Dated 19 Initialed hy: Judge/Commissioner (see reverse side) ,