COMPLIANCE INFO_WARRANT RETURN OF INSPECTION 10/28/2002

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MUNICII000URT LEGAL RIGHTS OF A DEFENDANT CHARGED WITH A MISDEMEANOR RIGHT TO KNOW THE CHARGE:You have a right to know what criminal charges have been filed against you. RIGHT TO ATTORNEY: You have a right to be represented by an attorney at all stages of your case, including this arraignment. FREE ATTORNEY:You have a right to have an attorney appointed to represent,you if you do not have the money to hire one. (Upon lite conclusion of the criminal proceedings,the court shall,after a hearing,make a determination of your then present ability to pay till or n portion of the cost of counsel.If the court de(.ermines that you have such present ability it shall order you la pity such cost.Such order shall have the Home force and effect as a civil judgment and shall be subject to execution against your property or assets.) CONTINUANCE AND DELAY:You have a right to u continuance(a delay)to obtain an attorney or to prepare your defense. RELEASE ON BAIL AND DETENTION HEARING: If,you are in custody,,you hove the right to be released on your own recognizance or by posting reasonable hail.If you are not roleused on your own recognizance you have the right to a hearing to determine if there is probable cause it)continue,you in custody subject to posting bail. PROBABLE CAUSE HEARING:If you are in custody,you have the right to demand as hearing an to whether there is probable cause to believe that an offense has been committed by,you.This hearing must be held immediately at Lite time the motion is made,unless,for good cause,a continuance of not more than J clays is granted.If probable cause is not found the offense must be dismissal. PLEAS AVAILABLE:You have the right to enter the following pleas to Lite 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 cannet be 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. TRIAL BY JURY OR;COURTi If you plend not guilty,you have(he right to n public trial by jury or by the court,at your choice. Triad by jury requires presence of 12 impartial citizens who must all agree on your guilt or innocence to make a verdict. CONFRONT WITNESSES:At any trial you have(he right to confront,see,hear,and cross-examine all witnesses testifying against you. '. SUBPOENA WITNESSES:At any trial,you have the right,without cast,to have this court issue subpoenas to require all favorable witnesses to testily on,your behalf. NO SELF-INCRIMINATION:At tiny triul,,you have the right Lo remain silent anal to refrain from incriminating yourself. Such silence cannot be held against you.You have this right on Lite issue of your guilt.If you elect you can testify in your awn behalf. SPEEDY TRIAL:You have Lite right to have your trial: (a) within:10 days of,your first appearance in court if you are in jail,or; (b) within 45 days of your first appearance in court if you are 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. L RIGHT TO KNOW PENALTY:You have the right to know the maximum penalty for each offense charger)against you. (a) If are convicted of a misdemeanor,each offense carriesa maximum penalty of 1 year in the county jail,a$2,000 fine or both.Some misdemeanor charges may have a lesser maximum penalty. (b) If you are convicted of a violation of 23152 CVC you may be punished by 6 months in the county jail,a$ 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 lest,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 conical 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 Vchicle Code and the offense occurred in a vehicle requiring a Class 1 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, 23105,23 106 or 23103 under 23 103.5,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 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, 23153,23101,23102,23105,23106,or 23103 under 23103.5 you may be sentenced to I year in jail.S 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 he sentenced to I year in jail,S I(1)0.fine or both,your operator's license will be 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 I Icalth and Safety Code. (i) If you are an alien a conviction crime could result in deportation orexclusionfrom admission tothe U.S.,ordenialofnaturalizationasacitizenofthe U.S. Q) If you are granted probation,unless the court finds compelling or extraordinary circumstances to the contrary,you will be ordered to make restilution(pay damages)to the victim or restitution fund or do community service in lieu of payment. 4. CONTINUANCE OR DELAY FOR SENTENCING:If,you plead guilty,nolo contendere(no contest)or are found guilty,you have the right(n be sentenced not less than 6 hours nor more than 5 days after,you plead or are found guilty unless you waive(give up)the statutory time for sentencing. 5. SEPARATE COUNSEL OR TRIAL:If you tore charged jointly with a co-defendant,you may be entitled to a separate attorney and/or it separate trial if a conflict exists between,you. 6. PRIORS:If charged with it prior conviction of some offense,your right to n 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 un the new charge. 7. PRESUMPTION OF INNOCENCE:You are presumed innocent until proven guilty beyond a reasonable doubt. DO NOT SIGN THIS STATEMENT UNLESS YOU FULLY UNDERSTAND IT represent to the Court that I have read and fully understand the foregoing statm94 of my le al nigh �/ – � luted �— 1!I Signature of defend n declare under penalty of perjury that I have interpreted this Legal Itigh(H fu n from the F,ngiish language into the language,and I represent to tit•Court that the defendant understood my ,anslation and Lite answers are as indiculed by the defendant. )ated 19 Signature of Interpretor CERTIFICATION certify that the defendant handed to me the foregoing statement and he stated to me that he did read the foregoing statement nd understood Lite Hame and this statement is hereby made it part of the docket )atcd 19 Initialed by: Judge/Commissioner (sec reverse side)