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WAIVER FORM WITH ADVISEMENTS, STIPULATIONS, DECLARATIONS, FINDINGS AND (The Superior Court of California, County of Santa Clara)

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JV-2032 REV 01/01/16
WAIVER FORM WITH ADVISEMENTS, STIPULATIONS,
DECLARATIONS, FINDINGS AND ORDERS
Page 1 of 3
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
840 Guadalupe Parkway
191 North First Street
San José, California 95113
Juvenile Justice Court
Minor’s Name:
FOR COURT USE ONLY
WAIVER FORM WITH ADVISEMENTS, STIPULATIONS,
DECLARATIONS, FINDINGS AND ORDERS
CASE NUMBER:
3 - - JV -
A. CHARGES
1. I admit to or plead no contest to these offense(s) in the Petition(s) (or Violation of Probation Notice).
Code Section Name of the Offense Max Custody Time
Count
years, months
Count
years, months
Count
years, months
Count
years, months
2. Together with my prior offenses, my maximum custody time is: years, months
3. I understand that my maximum custody time may not be used in this case. If I commit new law violations or
violate probation, my custody time may increase and could be used as a consequence in the future.
B. TRIAL RIGHTS: JURISDICTION HEARING & VIOLATION OF PROBATION HEARING
1. The right to a speedy trial or hearing where the judge would listen to all the evidence and decide if the district
attorney has enough evidence to prove that I did what the petition(s) says I did.
2. The right to see and hear the witnesses who will testify against me. This includes the officer who wrote the report,
and any of the people who provided information that is written in the report.
3. The right to have those witnesses questioned by my attorney.
4. The right to have to have my own witnesses at trial.
5. If witnesses refuse to come to court, I have the right to have them ordered to court at no cost to me.
6. The right to testify at the trial and to tell my side of the story.
7. The right to remain silent in court and not say anything.
8. No threats or promises have been made to me to give up my trial rights.
9. I do not want a trial. I want to give up each of my trial rights listed above. I understand the rights that I am giving
up and I have discussed them with my attorney.
C. APPELLATE RIGHTS
1. I understand that I have a right to appeal this adjudication and any resulting dispositional orders.
2. In order to appeal, a notice of appeal must be filed within 60 days of the dispositional hearing.
3. I have a right to an attorney to help with the appeal. If I cannot afford an attorney, the Court will appoint one for
me.
Initials
Initials
Initials
ATTACHMENT JV-2032
MINOR’S NAME:
CASE NUMBER:
3 - - JV -
JV-2032 REV 01/01/16
WAIVER FORM WITH ADVISEMENTS, STIPULATIONS,
DECLARATIONS, FINDINGS AND ORDERS
Page 2 of 3
D. GENERAL CONSEQUENCES OF ADMISSION
1. PLACEMENT: I understand I can be sent home on probation, or removed from my home and placed in a foster
home, or group home, or a home that is approved by the Judge.
2. PROBATION: I can remain on probation until I am 21 years old, unless I am sent to the California Department of
Correction and Rehabilitation. Division of Juvenile Justice (DJJ). The DJJ may keep me until my 25
th
birthday if I
am sent there for certain offenses
3. INCARCERATION: I understand I can be confined at Juvenile Hall, a Ranch, the DJJ, or County Jail after my
19
th
birthday.
4. FINES & FEES: I understand there are fines and fees the Court will order me to pay, as well as other fines and
community work service that can be ordered.
5. RESTITUTION: I will be required to pay the victim(s) money for the damage I caused.
6. IMMIGRATION CONSEQUENCES: If I am not a U.S. citizen I understand that my admission(s) may result in
deportation, prevent me from ever being able to legally enter the U.S., or prevent me from becoming an U.S.
citizen.
E. SPECIFIC CONSEQUENCES OF ADMISSION
1. DRIVER’S LICENSE: My privilege to drive may be suspended or delayed by the Court as a consequence of
certain offenses pursuant to Vehicle Code §§ 13201, 13202, 13202.4, 13202.5, and 13202.6. The Court may
allow me to keep my driver’s license or reduce the suspension if the Court finds that there is a critical need or
family hardship.
2. FIREARM: A violation of will prohibit me from owning, purchasing, receiving or
having possession of a firearm for 10 years pursuant to Penal Code
§ 29805.
A violation of
will prohibit me from owning or possessing a firearm until the
age of 30 pursuant to Penal Code
§ 29820.
3. ARSON: For admitting an arson or attempted arson offense, I understand that if I am ever sent to the California
Department of Correction and Rehabilitation, Division of Juvenile Justice. I will have to register as an arsonist
until the age of 25 or until my record is sealed by a Judge.
Penal Code § 457.1 (C)(3).
4. SEX OFFENSE: I understand if I am ever committed to the California Department of Correction and
Rehabilitation, Division of Juvenile Justice, on a Penal Code § 290 sex offense that I admitted, it will require me
to register with the local police department as a sex offender in every place that I live for the rest of my life. I
understand the Court may order that I be tested for HIV/AIDS and other sexually transmitted diseases and that the
results will be made available to the victim and others who are entitled by law to have the information.
5. STRIKE: I understand that the offense(s) listed in Count(s) of the petition(s) qualify as a “strike”
under the current three strikes laws. I understand that if I am sentenced in adult court in the future,
this offense may cause: my time in custody to be doubled; me to automatically be sent to prison; a
reduction of the custody credits available to me; and the “strikes” laws may count against me. If I am
convicted of a third “strike” as an adult I can be sentenced to life in prison.
6. 707(B) OFFENSE: I understand the offense(s) list in Count(s) is a Welfare & Institutions Code §
707(b) offense. I understand this means I can be sent to the DJJ, until I am 25 years old, for this offense or any
later violation of probation. I also understand that this offense will prevent me from sealing my record.
7. DEJ: If given an opportunity on the Deferred Entry of Judgment Program, I waive the right to a speedy
jurisdiction and disposition, and agree to have the case handled by a different Judge, if the current Judge is
unavailable.
8. SPECIAL CONSEQUENCS: I understand that my case has additional consequences that are state here, I have
read this information and my attorney has explained it to me.
Initials
Initials
ATTACHMENT JV-2032
MINOR’S NAME:
CASE NUMBER:
3 - - JV -
JV-2032 REV 01/01/16
WAIVER FORM WITH ADVISEMENTS, STIPULATIONS,
DECLARATIONS, FINDINGS AND ORDERS
Page 3 of 3
MINOR’S DECLARATION
I reviewed each of these rights and consequences with my attorney before I initialed them. I understand the facts of my case,
the allegations in the petition(s) and what each of the rights and consequences mean. I freely and voluntarily give up my rights
to a trial and ask to enter my admission, or a pleas of no contest, because I committed the offense(s) in Section A.
Date:
Minor’s Signat
ure
INTERPRETER’S DECLARATION
The primary language of the child is:
The primary language of the parent is:
I certify that I interpreted this form for the parent/legal guardian in that person’s primary language to the best of my ability.
Date:
Interpreter’s Name Interpreter’s
Signature
ATTORNEY’S DECLARATION
I am the attorney for the minor, I have explained and discussed with my client the above rights, the facts of his/her case,
possible defenses, and the consequences of his/her decision to enter an admission. Based on my conversation with the minor,
I am satisfied that his/her admission to the petition(s) is knowingly, intelligently, and voluntarily made, and I consent to the
admission.
Yes No: My client was under the age of 14 at the time one or more offenses (Penal Code § 26).
Date:
Attorney’s Na
me Attorney’s Signature
COURT FINDINGS
THE COURT FINDS: The identifying information in the Petition(s)/Notice(s) of Hearing is correct; the minor is a person
described in Welfare & Institutions Code § 602; the minor knowingly, intelligently, freely and voluntarily waived his/her rights;
the minor understood the nature of the allegations and consequences of his/her admission; there is a factual basis for the
admission(s); the allegation(s) is/are true; the Petition(s)/Notice(s) of Hearing is sustained (unless accepting DEJ).
“The minor was under the age of 14 at the time of the offense(s) and understood the wrongfulness of the
offense(s) at the time they were committed pursuant to P.C. § 2
6. This finding is based on clear and
convincing evidence presented orally and/or in writing at today’s hearing.”
Count Felony Misdemeanor
Count Felony Misdemeanor
Count Felony Misdemeanor
Count Felony Misdemeanor
IT IS HEREBY ORDERED: The minor’s admission(s) be entered; this document is filed and the above findings are made by
this Court.
Date:
Judicial Office
r of the Superior Court
For setting max time: The felonies to the left would have
been wobblers if filed against the minor in adult court. The
Court is aware of, and actually exercises its wobbler
discretion in this case. Welfare and Institutions
§
702.
ATTACHMENT JV-2032
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WAIVER FORM WITH ADVISEMENTS, STIPULATIONS, DECLARATIONS, FINDINGS AND (The Superior Court of California, County of Santa Clara)

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Completed 29 June 2021

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