court_form | California
CR-102 - Domestic Violence Plea Form With Waiver of Rights—Misdemeanor
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Domestic Violence Plea Form With Waiver of Rights—Misdemeanor
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Form ID: CR-102 Title: Domestic Violence Plea Form With Waiver of Rights—Misdemeanor Effective Date: 2025-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-102 Primary Download URL: https://www.courts.ca.gov/documents/cr102.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/cr102c.pdf, https://www.courts.ca.gov/documents/cr102k.pdf, https://www.courts.ca.gov/documents/cr102s.pdf, https://www.courts.ca.gov/documents/cr102v.pdf Form Detail Page: Domestic Violence Plea Form With Waiver of Rights—Misdemeanor (CR-102) Tells the court that you want to plead guilty or no contest to the charges in your misdemeanor domestic violence case and that you are choosing to give up certain important rights, such as being represented by an attorney. Requires you to initial each provision to indicate that you understand the rights you are giving up and the consequences of pleading guilty or no contest. Get form CR-102 汉语 Get form CR-102 in Chinese Simplified (Chinese Simplified) 한국어 Get form CR-102 in Korean (Korean) español Get form CR-102 in Spanish (Spanish) Tiếng Việt Get form CR-102 in Vietnamese (Vietnamese) Effective: January 1, 2025 Go to How-to instructions for Criminal PDF Text: Form Approved for Optional Use Judicial Council of California CR-102 [Rev. Jan. 1, 2025] DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS— MISDEMEANOR (Criminal) www.courts.ca.gov CR-102 FOR COURT USE ONLY CASE NUMBER: SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: DEFENDANT: PEOPLE OF THE STATE OF CALIFORNIA v. DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS— MISDEMEANOR Instructions: (1) Fill out this form only if you want to plead guilty or no contest. (2) Read this form carefully. For each item, if you understand and agree with what you read, put your initials in the box to the right of the item. For any item that does not apply to you or that you do not understand, leave the box blank. (3) Sign and date the form under "DEFENDANT'S STATEMENT" on page 4. (4) Keep in mind that the court cannot give legal advice. If you have an attorney and have questions about anything in this form, ask your attorney. 1. Charges and Maximum Penalties. I want to plead guilty or no contest to the charges listed below. I understand that the maximum penalties for the charges to which I am pleading guilty or no contest are listed below. INITIALS COUNT CHARGES (SECTION & DESCRIPTION) MAXIMUM PENALTY (FINE & JAIL) 2. Prior Convictions. I understand that I am also charged with a prior conviction in case number(s): 3. Probation Violations. I understand that I am also charged with a violation of probation in case number(s): 4. Right to an Attorney (Leave this box blank if you have an attorney). I understand that I have the right to an attorney of my choice to represent me throughout the proceedings. If I cannot afford to hire an attorney, the court will appoint one to represent me. I hereby give up my right to be represented by an attorney. 5. Other Constitutional Rights. I understand that I am entitled to each of the following rights concerning the charges and prior convictions (if any) listed in items 1 and 2 (above): a. Right to a jury trial. I understand that I have a right to a speedy and public jury trial. At the trial, I would be presumed to be innocent and I could not be convicted unless, after hearing all of the evidence, 12 impartial jurors chosen from the community were convinced beyond a reasonable doubt that I am guilty. b. Right to confront and cross-examine witnesses. I understand that I have the right to confront and cross- examine all witnesses testifying against me. This means that the prosecution must produce the witnesses in court to testify under oath in my presence and I or my attorney may question them. c. Right to remain silent and not incriminate myself. I understand that I have the right to remain silent and my silence cannot be considered as evidence against me. I understand that I also have the right not to incriminate myself and I cannot be forced to testify. Page 1 of 4 CR-102 [Rev. Jan. 1, 2025] DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS— MISDEMEANOR (Criminal) CR-102 PEOPLE OF THE STATE OF CALIFORNIA v. Defendant: CASE NUMBER: 6. Rights for Probation Violations (Leave this box blank if you are not charged with a probation violation). I understand that I have all the constitutional rights listed above for all probation violations charged against me, except that I do not have a right to a jury trial, only a court hearing before a judge. INITIALS 7. Consequences of My Plea a. No contest plea. I understand that a no contest plea has the same effect as a guilty plea except that it cannot be used against me in a civil case that derives from an act on which this prosecution is based unless the offense is punishable as a felony. b. Effect of conviction on other cases. I understand that a conviction in this case may be used to increase my punishment for future domestic violence convictions and may constitute a violation of any other current grant of parole or probation, which may result in additional punishment. c. Mandatory minimum conditions of probation. I understand that if I am granted probation, the terms and conditions will include at least all of the following (see Pen. Code, § 1203.097): (1) A minimum of either 36 months (three years) or 48 months (four years) of probation; (2) A criminal court protective order that may include residence exclusion or stay-away conditions; (3) Booking within one week of sentencing if I have not already been booked; (4) Several statutory fines, fees, and assessments, including a domestic violence fee, restitution fine, probation revocation fine (stayed), criminal conviction assessment, and court security fee; (5) Successful completion of an appropriate batterer's treatment program lasting at least 52 weeks; (6) Community service; (7) Restitution to the victim (if applicable); and (8) Other: d. Effect of future probation violation. I understand that if I violate any of the terms or conditions of probation, I may be returned to court and sentenced up to the maximum punishment on each charge as indicated in item 1. e. Immigration consequences. I understand that if I am not a citizen of the United States, my plea of guilty or no contest may result in my deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States. f. Firearms (guns), firearm parts, and ammunition prohibition and relinquishment. I understand that a conviction in this case may prohibit me from owning, using, purchasing, possessing, receiving, or having under my custody and control firearms (guns), firearm parts, ammunition, reloaded ammunition, and ammunition feeding devices, including but not limited to, magazines for 10 years to life under federal law and state law (Penal Code sections 29805 and 30305). This includes firearm receivers and frames, and any item that may be used as or easily turned into a receiver or frame (see Penal Code section 16531). I understand that a conviction in this case may require me to relinquish any firearm or firearm parts I own, possess, or have under my custody or control (Penal Code section 29810). g. Body armor prohibition and relinquishment. I understand that a conviction in this case may prohibit me from purchasing, owning, or possessing body armor (defined in Penal Code section 16288). I must relinquish any body armor I have in my possession (see Penal Code section 31360). h. Child custody consequences. I understand that a conviction in this case may result in a rebuttable presumption that an award of sole or joint physical or legal custody of a child is detrimental to the best interest of the child under Family Code section 3044. i. Other consequences (specify): 8. Before the Plea a. Discussion with my attorney (leave this box blank if you are not represented by an attorney). Before entering this plea, I have had a full opportunity to discuss with my attorney the facts of the case, the elements of the charged offenses and prior convictions (if any), any defenses that I may have, my constitutional and statutory rights and waiver of those rights, the consequences of this plea, and anything else I think is important to my case. b. Questions. I have no further questions for the court or for my attorney with regard to my plea and admissions in this case or any of my rights or anything else on this form. Page 2 of 4 CR-102 [Rev. Jan. 1, 2025] DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS— MISDEMEANOR (Criminal) INITIALS 9. Waiver of Constitutional Rights. For each of the charges, prior convictions (if any), and probation violations (if any) listed in items 1, 2, and 3, I give up my right to a jury trial, my right to a court hearing, my right to confront and cross- examine witnesses, and my right to remain silent and not to incriminate myself. I understand that I am, in fact, incriminating myself with my plea. 10. The Plea (check one). I freely and voluntarily plead to the charges listed in item 1. I offer my plea with full understanding of everything in this form. No one has made any threats; used any force against me, my family, or loved ones; or made any promises to me, except as listed in this form, in order to convince me to plead guilty or no contest. GUILTY NO CONTEST 11. Prior Convictions. I freely and voluntarily admit the prior convictions (if any) listed in item 2, and I understand that this admission may increase the penalties that are imposed on me. 12. Probation Violations. I freely and voluntarily admit the probation violations (if any) listed in item 3. 13. Sentencing. I understand that I have a right to delay my sentencing at least 6 hours and as long as 5 days after my plea. I give up this right and agree to be sentenced at this time. Page 3 of 4 CR-102 PEOPLE OF THE STATE OF CALIFORNIA v. Defendant: CASE NUMBER: CR-102 [Rev. Jan. 1, 2025] DOMESTIC VIOLENCE PLEA FORM WITH WAIVER OF RIGHTS— MISDEMEANOR (Criminal) CR-102 PEOPLE OF THE STATE OF CALIFORNIA v. Defendant: CASE NUMBER: DEFENDANT'S STATEMENT I have read or have had read to me this form and have initialed each of the items that applies to my case. If I have an attorney, I have discussed each item with my attorney. By putting my initials next to the items in this form, I am indicating that I understand and agree with what is stated in each item that I have initialed. The nature of the charges, possible defenses, and the effects of any prior convictions and probation violations have been explained to me. I understand each of the rights outlined above and I give up each of them to enter my plea. Date: (TYPE OR PRINT NAME) SIGNATURE OF DEFENDANT ATTORNEY'S STATEMENT I am the attorney of record for the defendant. I have reviewed this form with my client. I have explained each of the items in the form, including the defendant's constitutional and statutory rights, to the defendant and have answered all of the defendant's questions with regard to those rights, the other items in this form, and the plea agreement. I have also discussed the facts of the case with the defendant and have explained the nature and elements of each charge, any possible defenses to the charges, the effect of any prior convictions and probation violations, and the consequences of the plea. Date: (TYPE OR PRINT NAME) SIGNATURE OF ATTORNEY INTERPRETER'S STATEMENT I, having been duly sworn or having a written oath on file, certify that I truly translated this form to the defendant in the language noted below. Language: Spanish Other (specify): Date: (CERTIFICATION NUMBER) (TYPE OR PRINT NAME) SIGNATURE OF INTERPRETER COURT'S FINDINGS AND ORDER The court, having reviewed this form and having orally examined the defendant, finds that (a) the defendant has read or been read and understands each of the initialed items on this form; (b) the defendant understands the nature of the crimes and allegations listed in items 1, 2, and 3 and the consequences of the plea and any admissions; (c) the defendant expressly, knowingly, understandingly, and intelligently waives the defendant's constitutional and statutory rights; and (d) the defendant's plea, admissions, and waiver of rights are made freely and voluntarily. The court accepts the defendant's plea, admissions, and waiver of rights, and the defendant is hereby convicted based thereon. It is ordered that this document be filed with the court's records of this case and that the defendant's plea, admissions, and waiver of rights be accepted and entered in the minutes of this court. Date: SIGNATURE OF JUDICIAL OFFICER Page 4 of 4
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Form ID: CR-102 Title: Domestic Violence Plea Form With Waiver of Rights—Misdemeanor Effective Date: 2025-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-102 Primary Download URL: https://www.courts.ca.gov/documents/cr102.pdf Alternate Downl…
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the maximum penalties for the charges to which I am pleading guilty or no contest are listed below. INITIALS COUNT CHARGES (SECTION & DESCRIPTION) MAXIMUM PENALTY (FINE & JAIL) 2. Prior Convictions. I understand that I am also charged with a prior conviction in case number(s): 3. Probation Violations. I underst…
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used against me in a civil case that derives from an act on which this prosecution is based unless the offense is punishable as a felony. b. Effect of conviction on other cases. I understand that a conviction in this case may be used to increase my punishment for future domestic violence convictions and may consti…
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may require me to relinquish any firearm or firearm parts I own, possess, or have under my custody or control (Penal Code section 29810). g. Body armor prohibition and relinquishment. I understand that a conviction in this case may prohibit me from purchasing, owning, or possessing body armor (defined in Penal Co…
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admission may increase the penalties that are imposed on me. 12. Probation Violations. I freely and voluntarily admit the probation violations (if any) listed in item 3. 13. Sentencing. I understand that I have a right to delay my sentencing at least 6 hours and as long as 5 days after my plea. I give up this right…
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understands each of the initialed items on this form; (b) the defendant understands the nature of the crimes and allegations listed in items 1, 2, and 3 and the consequences of the plea and any admissions; (c) the defendant expressly, knowingly, understandingly, and intelligently waives the defendant's constitutiona…