Petition To Proceed In Propria Persona {TUO-CR-325}

PETITION TO PROCEED IN PROPRIA PERSONA Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 4 TUO-CR-325 (Revised ) TUO-CR-325 1.I am the defendant in the above-entitled case, and I certify to the Court that I can read and write. Iunderstand that my constitutional rights include the following: a.I understand that I have the right to a speedy and public trial, and that is a right to a trial by jury.b.I understand that I have the right to utilize the process of this Court to subpoena any witness or anyrecords that I may need in my own behalf or in my defense. c.I understand that I have the right to confront in open Court all witnesses who will be called totestify against me, and that I have a right to cross-examine those witnesses at the time of trial. d.I understand that I have the right to testify at the time of trial, but that I cannot be compelled to testifyat the time of trial unless I so desire. e.I understand that I have the right to be admitted to liberty on reasonable bail pending the trial.f.I UNDERSTAND THAT I HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER AT ALLSTAGES OF THE PROCEEDINGS AND, IF I DO NOT HAVE FUNDS TO EMPLOY COUNSEL, ONE WILL BE APPOINTED FOR ME BY THE COURT. If the Court grants my petition to proceed in propria persona, and if I am permitted to represent myself, I understand I will have to conduct my own defense without the aid of counsel. DATED: Defendant 2.In support of my application to proceed in prior persona (acting as my own attorney), I offer the Court thefollowing biographical information: a.Age: Year of Birth: b.Education:(1)High School attended:(2)High School graduate? Yes No(3)Additional formal education: (4)Legal education:c.Employment experience: SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 60 N. Washington Street, Sonora, CA 95370 Phone: (209) 533-5563 The People of the State of California, Plaintiff, vs. Defendant. Case Number: PETITION TO PROCEED IN PROPRIA PERSONA Space below for use of Court Clerk only American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO PROCEED IN PROPRIA PERSONA Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 4 TUO-CR-325 (Revised ) d.I have previously been granted the right to proceed in propria persona (acting as my own attorney)in the following criminal matters: Case # Court Year Results Case # Court Year Results Case # Court Year Results 3.I understand that there are deputies in the office of the Tuolumne County Public Defender,and they are qualified trial lawyers. I understand that if I accept court appointed counsel, a qualified trialdeputy from the office of the Tuolumne County Public Defender (or private counsel in the event that a conflictarises) will be assigned to try my case, and that I will not meet the deputy who is assigned to try my case untilsuch time as the matter is set for arraignment in a department of the Superior Court. I FURTHER UNDERSTAND THAT IT IS THE ADVICE AND RECOMMENDATION OF THIS COURT THAT I DO NOT REPRESENT MYSELF, AND ACCEPT COUNSEL APPOINTE D BY THE COURT; AND FURTHER THAT IF I DO PERSIST IN MY MOTION TO ACT IN PRO PER THAT IT IS ADVICE AND RECOMMENDATION OF THIS COURT THAT I AT LEAST WAIT UNTIL I MEET THE DEPUTY PUBLIC DEFENDER WHO IS ASSIGNED TO TRY MY CASE BEFORE I GIVE UP MY VALUABLE RIGHT TO LEGAL REPRESENTATION. Initial 4.I understand that if I am permitted to represent myself, it will be necessary for me, WITHOUT THEASSISTANCE OF COUNSEL, to follow all of the many technical rules of substantive law, criminal procedure,and evidence. Initial 5.I understand that the People222s case will be handled by a Deputy District Attorney who is qualified in the trialof both court and jury trials, and that I will not be entitled to special consideration by the Court during thecourse of the trial. Initial 6.I understand that the right to act in pro per is not license to abuse the dignity of the Court. I understandthat the Court may terminate my right to self-representation in the event that I engage in serious misconductand obstruct the conduct and progress of the trial. I understand that in the event that happens, I will have to berepresented by a lawyer, who will then take over the case at whatever stage it may be in. Initial 7.The crime(s) with which I am charged is are as follows:. Initial 8.The crime(s) with which I am charged is are: general specific intent crime(s). Initial 9.I am aware that there are certain legal defenses to the crime(s) with which I am charged, and they are asfollows: Initial American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO PROCEED IN PROPRIA PERSONA Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 3 of 4 TUO-CR-325 (Revised ) 10.I understand that if I am permitted to represent myself, it will be necessary for me, WITHOUT THEASSISTANCE OF COUNSEL, to conduct my own pretrial motions, which may consist of, but not limited to:a.Motion for dismissalb.Motion for change of venue.c.Motion to disqualify judge.d.Motion for severance of counts.e.Motion for discovery.f.Motion for the suppression of evidence.I further understand that each motion must be technically proper and made on time, or any such motion may be denied on procedural grounds. Initial 11.I understand that if I am permitted to represent myself, it will be necessary for me, WITHOUT THEASSISTANCE OF COUNSEL, to handle any possible case settlement; for instance, if I desire, I will have topersonally attempt to negotiate any plea of guilty to any count charged against me to any lesser charge towhich the District Attorney222s office may agree. Initial 12.I understand that if I am permitted to represent myself, it will be necessary for me, WITHOUT THEASSISTANCE OF COUNSEL, to conduct my own trial, consisting of, but not limited to:a.Making preliminary motions.b.Impanelment of jury.c.Making an opening statement.d.Cross-examination of witnesses for the prosecution.e.Subpoenaing and presenting my own witnesses.f.Making appropriate objections and motions during the course of the trial.g.Preparing and presenting to the Court proposed jury instructions.h.Making the final argument. Initial 13.I am aware that in the event I plead guilty, or if after trial I am found guilty, I have a right to make anapplication for probation, but that I am not entitled to probation as a matter of right. I am further aware that thepunishment specified by the Penal Code for the crime(s) with which I am charged is are as follows: MINIMUM SENTENCE MAXIMUM SENTENCE Initial 14.I further understand that after trial, if I continue to represent myself IN PROPRIA PERSONA (acting as myown attorney), it will be necessary for me, WITHOUT THE ASSISTANCE OF COUNSEL, to conduct mattersafter trial consisting of, but not limited to:a.Conducting the insanity or penalty phases of the trial, mentally disordered sex offender proceedings,civil narcotic addict commitment proceedings, if applicable.b.Making appropriate motions after trial.c.Representing myself at the time of probation and sentence hearing in the event of a conviction. Initial 15.I understand that as a result of a conviction, I may ultimately be declared to be a mentally disordered sexoffender and that I may be committed to a state hospital. I understand the possible maximum duration of thatcommitment to be . Initial16.I understand that as a result of a conviction, I may ultimately be declared to be a heroin addict, or inimminent danger of becoming a heroin addict, and that I may be committed to the California RehabilitationCenter. I understand the possible maximum duration of that commitment to be . Initial American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO PROCEED IN PROPRIA PERSONA Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 4 of 4 TUO-CR-325 (Revised ) 17.I understand that in the event of a finding of not guilty by reason of insanity, I may be committed to a statehospital. I understand the possible maximum duration of that commitment to be:. Initial18.I understand that in the event that a use of weapon or armed allegation is pleaded and proved against me,it will affect my