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CAUSE NO. C-1-CR- _____________________

THE STATE OF TEXAS § IN THE COUNTY

V. § COURT-AT-LAW #6

____________________ § TRAVIS COUNTY, TEXAS

DEFENDANT’S WAIVER OF CONSTITUTIONAL RIGHTS,

STIPULATION OF EVIDENCE, JUDICIAL ADMISSION, AND

TERMS OF PROJECT ENGAGE PRE-TRIAL INTERVENTION PROGRAM

The parties to this agreement are the State of Texas, represented by the Travis

County Attorney’s Office and ________________________________________________,

the Defendant in the above styled and numbered cause of action.

After consulting with my attorney and prior to entering my plea, I knowingly

and voluntarily waive the following rights:

_____ The right to remain silent;

_____ The right to a trial by jury;

_____ The right to confront the witnesses against me; in the guilt/innocence

phase and the punishment phase;

_____ The constitutional and statutory right to a speedy trial;

_____ The right to secure the appearance at trial of witnesses in my favor

(A separate Waiver of Jury form must be executed and filed with this Court.)

I represent that I am mentally competent and understand the nature of the

charges against me.

I further represent that I have discussed each of the rights, which I have waived,

with my attorney and that they have explained each of these rights individually,

including the collateral effect of the waiver of each right. It is my desire to waive these

rights and I do so knowingly and voluntarily.

___________________________________

Defendant

I, am the attorney of

record representing _ , the Defendant in

the above styled and numbered cause of action. I have advised the Defendant of his/her

constitutional and statutory rights in this case, as well as the collateral effects of waiving

these rights. I am confident that he/she waives these rights as set out above, knowingly

and voluntarily.

____________________________________

Attorney for Defendant

State Bar Number

NON-CITIZENS

I understand that if I am not a citizen of the United States of America, my plea of

nolo contendere to these charges and participation in this Project Engage Pre-Trial

Intervention Program may result in my deportation, exclusion from admission to this

country, and denial of naturalization under federal law. There have been no promises

made to me by my defense attorney, the Prosecution or the Court concerning the impact

this case or my participation in this Project Engage Pre-Trial Intervention Program may

have on my immigration status.

___________________________________

Defendant

JUDICIAL ADMISSION

The charges against me, allege that in Travis County, Texas, I

, date of birth / /

and Texas Driver’s License/I.D. Number ,

hereafter the Defendant, on or about / / did commit the offense of

, a Class

misdemeanor, as charged in the information filed in this cause. I judicially admit my

guilt to this allegation and hereby admit that the charge(s) as alleged are true.

Further, I stipulate that if the witnesses were to testify in this case, they would

testify as set forth in the police reports, witness statements or other documents admitted

in connection with my plea as the State’s Exhibits. I expressly agree to this stipulation

of evidence, and agrees that each and every fact asserted therein may be taken and

considered as true by the finder of fact in this cause, expressly waiving the appearance,

confrontation and cross examination of witnesses for the State.

The parties do hereby stipulate to the admission of the following evidence as

State’s Exhibits:

$ Offense Report

$ Victim Statement

$ Photos

$ Witness Statements

$ In-car Video

$ EMS Records

$ Medical Records

$ Phone Records

$ Text Messages

$ Restitution Documentation

I ADMIT that I committed the acts alleged in the information in this cause, I

plead NO CONTEST to the offense of .

My plea is given freely and voluntarily. I am satisfied that my attorney has

properly represented me and I have fully discussed this case, this agreement, and the

consequences thereof (including the range of punishment) with my attorney.

(A separate Plea form must be executed and filed with the Court.)

I further accept the following terms of the Project Engage Pre-Trial Intervention

Program and understand that the failure to fully and timely complete ALL conditions of

this program shall cause this matter to be set for a hearing on the entry of the plea I am

hereby making and a sentencing on that plea. I further understand that at any time, the

only issues before the court relate to my punishment and I will be subject to the FULL

range of punishment.

TERMS OF PRE-TRIAL INTERVENTION

This agreement goes into effect and runs for a period of months

(hereinafter the Intervention Period) beginning when the Court, the Defendant, the

Defendant’s Attorney and the Attorney for the State have signed it.

The Defendant’s plea shall be taken under advisement during the Intervention

Period, however the plea is subject to being accepted by the Court and the Defendant

sentenced thereon upon the violation of or failure to timely and fully complete, any

term listed below.

This agreement and this order are not a finding of guilt nor do they place a

defendant on either regular community supervision or deferred adjudication under

Art. 42.12, Texas Code of Criminal Procedure.

This matter is further set for a compliance review hearing on

, 20 , where Defendant’s appearance is required. If

Defendant has completed all the Terms herein, the Intervention Period will continue

until completion.

Upon successful and timely completion of all conditions, the Court will reject the

Plea, and acquit the case.

However, at any compliance review hearing, or at such other hearing as the

Court shall determine, upon notice to Defendant, should it be determined that

Defendant has violated or failed to fulfill one or more conditions as required, the Court

may, on its own motion or upon the motion of the State, terminate the Intervention

Period, accept the Defendant’s previously entered plea, enter a finding of guilt on the

basis of such plea and the State’s Exhibits previously entered into evidence, and

proceed to sentence the Defendant. In such an event, the Court has the authority to

utilize the full range of punishment, including a term of community supervision and

any conditions thereof or a term of jail up to the maximum allowed by law.

If the Defendant obtains a dismissal of the charge upon successful completion of

all conditions, AND the charge that is the subject of this agreement is the only charge

arising out of the arrest, then, upon request, the Travis County Attorney’s office will

provide the Defendant with a written recommendation of early expunction under

Art. 55, Texas Code of Criminal Procedure.

Timely compliance of the terms and conditions of this agreement includes the

Defendant’s timely providing proof of completion of all terms and conditions to their

assigned probation officer/case manager, as well as the Court.

Additionally, the Defendant further agrees to :

MANDATORY: Commit no offenses other than a Class “C” traffic violation.

MANDATORY: Defendant shall not possess, use or consume, in any amount, any

controlled substance, narcotic, or habit forming drugs unless prescribed in writing by a

physician.

If the Defendant complies with all the specified terms and conditions for the

duration of this agreement, the Travis County Attorney agrees not to prosecute the

Defendant further for the offense(s).

Attorney for the Defendant Defendant

State Bar number: ________________

Assistant County Attorney

COURT’S FINDINGS AND APPROVAL

The Court finds that the Defendant is mentally competent, understands the

nature of this charge, is aware of the consequences of his/her plea and has made

waivers and statements freely and voluntarily. The Defendant’s plea is hereby taken

under advisement.

Upon violation of the terms of Project Engage Pre-Trial Intervention set forth

above, this case will be set for entry of this plea and sentencing.

Upon successful completion of the terms of Project Engage Pre-Trial Intervention

set forth above, this case will be dismissed.

This Court hereby approves the Project Engage Pre-Trial Intervention

Agreement on the ________ day of ________________________________,

20_________.

JUDGE BRANDY MUELLER

TRAVIS COUNTY YOUTH OFFENDER DOCKET

COUNTY COURT #6

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