Laserfiche WebLink
d <br /> MANTEL-RIPON-ESC*-TRACY JUDICIAL DISTRICT <br /> MUNICIPAL COURT <br /> LEGAL RIGHTS OF A DEFENDANT CHARGED WITH A MISDEMEANOR <br /> RIGHT TO KNOW THE CHARGE:You hove n right to know what criminal chnrgmt hove been filed against you. <br /> RIGHT TO ATTORNEY: You have a right W be represented by tin attorney al till atagea of your case, including this <br /> arraignment. <br /> FREE ATTORNEYt You have a right to hnvo nn attorney appointed to represent you Iryou do not hnve tho money to Niru one. <br /> (Upon the conclusion of the criminal proceedings,lite court shall,oiler a hcuring,make n determination of your then present <br /> nbility to pity all or u portion or the.coal or counsel.if the court determines that you hove such present ability it shat(order <br /> you to pity such coal.Such.order shall have lite same force and effect as u civil judgment and shall be subject to execuliuo <br /> against your property or tusacts.) <br /> CONTINUANCE AND DELAY:You have n right to at continuance(u delay)to oblitin an attorney or to prepare your defense. <br /> RELEASE ON DAiL AND DETENTION HEARING: Ir you are in custody,you have the right to be released roti your own <br /> recognizunee or by poatimg rensunable buil.If you are not released on your own recognizance yuu have Lite right to it hearing <br /> to determine if there is probable cause to continue you in custody nubjecl to posting buil. <br /> PROBABLE CAUSE HEARING:if you ore in cualod,y you have the right to deenand n hearing its to whether there is probable <br /> cause la bebeVL'hitt tilt tt(fenKe has licen committal by you,Thio hcuring must he held immediately tit the Bine the mutiun is <br /> made,unless,for good cause,a continuance of not more than 3 days is grunted.if probable cause in not found Lite offenm <br /> must be dismissed. <br /> PLEAS AVAILABLE:You have the right to enter the following plena to the chnrges pending against you:(n)Cuilly,(h)Not <br /> Guilty(c)Nulu C;ontelidere(No ContenO,u nolu contendere plea his lite same effect as n guilty plea and will be accepted by <br /> the court as n guilty plea,but it cannot be used against you in n Civil suit.(d)Not Guilty by reaaun of insanity(e)Not,guilty <br /> by renaon or(Crater jvopnrdy(0 Not guilty by reason or former judgment(g)you may admit u prior(h)you may deity it prior. <br /> TRIAL BY JURY OR COURT:If,you plead not guilty,you have the right to n public trial by jury or by Lite court,tit your choice. <br /> Trial by jury requires presence ol•1•l impartial citizens who must all agree on your guilt or innocence to make u verdict. <br /> CONFRONT WITNESSES:At any trial you have the right to confront,sec,hear,find cross-examine Oil wilnesaea testifying <br /> against you. <br /> SUBPOENA WITNESSES:At any trip)you have the right,without cost,to have this court issue subpoenas Lo require all ATTACHMENT Ffavoraublc witnesses to testify on your behalf. <br /> NO SELF-INCRIMINATION:At any trint,,you hove the right to remnin silent and to refrain from incriminating yourself. <br /> Such silence cannot be held against you.You hove this right on Lite issue of your guilt.If you elect you can testify in your <br /> awn behaIr. <br /> SPEEDY TRIAL:You have the right to hove,your trial: <br /> (n) within:10 days of your first appearance in court if you fire in jail,or: <br /> (b) within 45 days of your first appeurnnce in court if you ore not in jail,and,if good cause is not shown,the charges niusl <br /> be dismissed if trip)is not afforded you within the tinien specified. <br /> RIGHT TO KNOW PENALTY:You have lite right,lit know the ntaxinium penalty for ench offense charged ngninsl you. <br /> (a) If are convicted of a misdemeanor,each offense carries a maximum penalty of I year in tilt county jail,a $2,000 fine or both.Some <br /> misdemeanor charges may have it lesser maximum penalty. <br /> (b) If you are convicted of a violation or 23152 CVC you may he punished by 6 months in the county jail•a f 1,000 fine,or both,plus a <br /> suspeasiva or your driving privlege fur six months,sold if you drive with a measurable amount of alcohol(.0476)in your blood or refuse to <br /> 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 <br /> violation of probation.Ifyour blond alcohol content wns.20%or above,or if you refused Io submit to a chemical test,the Court shall consider this in <br /> determining whetber.to enhance the penalties imposed,whether to grant probation,or whether to impose additional terms and conditions of <br /> probation. <br /> (c) If yuu are convicted orat violation of Section 23152 of the Vehicle Code and the offense occurred in a vehicle requiring a Class i or Class 2 driver's <br /> license to op eratc,your license will be suspended fur six(6)months even if probation is granted. <br /> (d) If you are cunvictcd of a violation o(23152 of the Vchicle Code within 7 years of s priorconvicliun of Vehicle Codes 23152,23153,23101.23 102, <br /> 23105.23106 or 23103 under 23103.5,you may be suiteneed to I ytar in jail•S1,000 fine ar both.your license may be suspended for t It mouths, <br /> you may be required to attend drivers school or alcohol treatment program and your vehicle may be impounded from 1.90 drys at your <br /> expense. <br /> (e) If you are 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 <br /> violation constitutes a prior for 23152 of the Vehicle Code and you will be sentenced under the increased penalties the law provides for subsequent <br /> convictions. <br /> (f) If you are 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, <br /> 23153.23101,23102,23105.23106•or 23103 under 23103.5 you may lie sentenced to I year in jail,S 1.000 fine or built,your license will be <br /> revukcd for 3 years•you must show completion of one year alcohol program to file Depanment of Motor Vehicles before your license will he <br /> reissued and your vehicle may be impounded from 1-90 Jays at your expense.Ir you are cmtvicicd of a violation of 231.52 of the Vehicle Code <br /> within 7 years of 3 or more convictions of any of lite following offenses,to-wit,23152,23153,23101,23102,23105,23106,or 23103 under <br /> 23103.5•you may be sentenced to I year in jail,$1000.fine or both,your operalur s license will he revoked for 4 years,you must show compic6un <br /> of ute year alcohol program to the Dcrianntaa of Motor Vehicles before your license will be reissued and your vehicle may tit-impounded(cola <br /> 1-90 days at your expense. <br /> (g) If you are convicted of a sex offense,you will be requires to register as a sex offender under 290 or the Penal Code. <br /> (h) If you are convicted of possessing,using,cultivating,selling or transporting a controlled substance(narcotic,drug or m_arijuana)you will be <br /> required to register as a narcotic offender under 11590 of Health and Safety Code. <br /> (i) Il•yuu are an alien a conviction crime could result in dcponation or exclusion from admission to the US.,or denial of naturalization as a citizen of tie <br /> U.S. <br /> (j) If you ort granted probation,unless the court finds compelling or extraordinary circumstances to the contrary,you will be ordered to make <br /> restitution(pay damages)to the victim or restitution fund or do community seance in lieu of payment. <br /> 14. CONTINUANCE OR DELAY FOR SENTENCING:If you pletal guilty,nolo contendere(no contest)Or ore found guilty,you <br /> hove Ulu right to be sentenced not less than ti hours nor inure than 5 duys after you plead or are found guilty urticas you <br /> waive(give up)the statutory time for sentencing. <br /> 15. SEPARATE COUNSEL OR TRIAL:If you tire charged jointly with n co-defendant you may be entitled to it Nepairmle attorney <br /> and/or it separate trial if it conflict exists between you. <br /> 16. PRIORS: If churged with a prior conviction of some offense,your right to it jury trial,to confront witnesses,to subpoena <br /> witisesses Nutt your right against incrimination,aK to vulidiLy of such prior,exist separute from the same rights rebiling to <br /> ,your guilt on lite new chnrge.' <br /> 17. PRESUMPTION OF INNOCENCE:You ore presumed innocent until proven guilty beyond a reasonable doubt. <br /> DO NOT SIGN THIS STATEMENT UNLESS YOU FULLY UNDERSTAND IT <br /> I represent to t Court that 1 have read and fully undersLand lite foregoing staL.ment of my lege right <br /> Doted 19,90 Signature of defendPCourt <br /> I declare'under penally of perjury that I have interpreted this Legal I(ighLv fo the Fnglish language into the <br /> htnguugo,and 1 represent to titthat the defendunt understood my <br /> trunalotion and Lite answers are ns indicated by the defendant <br /> Doled 19 <br /> Signature of Inlerprclur <br /> CERTIFICATION <br /> I certify thnt the defendant handed lit me the foregoing atntement null Iw alalet1 to ie did read lite foregoing statement <br /> and understood tl attmc and tthisistatement is ereby mudu a part or the docket <br /> Dated 19 initialed by: <br />