Advisement Of Rights For Arraignment Without Interpreter {ALA CRM-052}

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA PEOPLE v. ____________________________________________ CASE NO. _______________________ ADVISEMENT OF RIGHTS FOR ARRAIGNMENT WITHOUT INTERPRETER You have been charged with committing a crime by violating one or more of the laws of the State of California. Write your initials in the blank space next to the lines you have read. 1. If you are not a citizen of the United States, conviction of some criminal offenses may result in deportation, exclusion from admission to the United States, or denial from becoming a naturalized U.S. citizen. Initials: _______ 2. There are three levels of crimes in California: a. An infraction is a crime that is punished by a fine. Trial is by judge, not jury. b. A Misdemeanor is a crime that can be punished by up to one year in jail, and a fine. Trial is by judge or jury. c. A Felony is a crime that can be punished by more than one year in prison or Initials: _______ jail, and a fine. Trial is by judge or jury. 3. If you do not speak or understand English, you have the right to an interpreter. Please inform the judge if you need an interpreter, and the language or dialect. Initials: _______ Language or Dialect:______________________________________ 4. If you are in custody, you have the right to ask the judge to set a reasonable bail. Initials: _______ 5. You have the right to have an attorney to consult with you and represent you at all stages of a felony or misdemeanor case. If you want an attorney, but cannot afford to hire one, the judge will appoint an attorney to represent you. At the end of the case, you will be required to pay for the some or all of the services of the attorney, depending on your ability to do so. You may represent yourself, if you give up your right to an attorney. 6. At a trial by jury, 12 people from Alameda County will decide the facts, including whether you are guilty of the crime(s) charged. At a trial by judge, the judge will decide the facts, including whether you are guilty of the crime(s) charged. Initials: _______ Initials: _______ 7. On misdemeanor charges, you have the right to a speedy trial. If you are in jail, your trial must start within 30 days after you enter a plea. If you are out of jail, your trial must start within 45 days after you enter a plea. Initials: _______ Page 1 of 2 Form Adopted for Optional Use Superior Court of California, County of Alameda ALA CRM-052 [NEW January 1, 2017] ADVISEMENT OF RIGHTS FOR ARRAIGNMENT WITHOUT INTERPRETER American LegalNet, Inc. www.FormsWorkFlow.com ADVISEMENT OF RIGHTS FOR ARRAIGNMENT WITHOUT INTERPRETER 8. On felony charges, you have the right to a speedy preliminary hearing within 10 court days after you enter a plea. At the preliminary hearing, if a judge decides that there should be a trial, an Information will be filed. You have the right to a speedy trial which will begin within 60 days after you enter your plea to the charges in the Information. Initials: _______ 9. At trial and at preliminary hearing: a. You have the right to see and hear the testimony of any witness who testifies. You have the right to question every witness. b. You have the right to present evidence in your defense. The court will order your witnesses to come to court to testify or produce evidence in your case. c. You have the right to remain silent in court, unless asked your name. Initials: _______ Initials: _______ Initials: _______ 10. If you are a foreign national, you have the right to have the court inform consul of your country that you are in custody. Consul has the right to visit and communicate with you. Initials: _______ _______ Please initial if you wish to inform consul that you are in custody in Alameda County. Please state the country of the consul you want notified: __________________________________. I understand what is written on this form. Date: __________________________________________________ (Full Name) Page 2 of 2 Form Adopted for Optional Use Superior Court of California, County of Alameda ALA CRM-052 [NEW January 1, 2017] ADVISEMENT OF RIGHTS FOR ARRAIGNMENT WITHOUT INTERPRETER American LegalNet, Inc. www.FormsWorkFlow.com