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FL Unit3 Handout36

[Proposes dates for preliminary hearing within the statutory time period.] Judge: The preliminary hearing is set for [date] at [time] in this department. Bail is continued as previously set. We are adjourned.

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31 views3 pages

FL Unit3 Handout36

[Proposes dates for preliminary hearing within the statutory time period.] Judge: The preliminary hearing is set for [date] at [time] in this department. Bail is continued as previously set. We are adjourned.

Uploaded by

annie reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Handout 36: Felony Arraignment Script 2

(No Plea Agreement)


Bailiff: All rise! The court is now in session. The Honorable Judge _________
___________________________________ presiding. All those having
business before this honorable court are admonished to draw near, give
their attention, and they shall be heard.

Judge: In the matter of the People of the State of California v.


____________________. Counsel, please state your appearances.
Are you [Mr./Ms.] [name of defendant]? What is your full true name?

Prosecuting [Introduces him/herself]


Attorney:

Defense [Introduces him/herself]


Counsel:

Defendant: [Defendant states his/her name.]

Judge: [Mr./Ms.] [name of defendant], if at any time during these proceedings


there is anything that you do not understand or which confuses you,
please stop me so that either the court or your attorney can clarify it or
explain it to you.
[Mr./Ms.] [name of prosecutor], will you please state the charges that
have been made against the defendant in this case.

Prosecuting _________________________________________________________
Attorney:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

Judge: It is my understanding that the defendant is planning to plead not guilty


to the charges brought by the People. Before I take your plea, I must
ensure that you understand your constitutional and statutory rights.
You have a right to be represented by counsel at this arraignment. If you
cannot afford an attorney, one will be provided for you at the states
expense.
Have you retained counsel to represent you in this matter?

Defendant: [Answers]

Judge: You have the right to a preliminary hearing within ten court days after the
arraignment or entry of a plea.
You have the right to a speedy trial. Your case must be brought to trial
within sixty days of the arraignment on an indictment or information.
Failure to meet these statutory time periods may result in the dismissal
of your case. However, you may waive this right, in which case the court
may set a trial date beyond these prescribed limits.
You have the right to a trial by jury.
At your trial, you have the right to compel the attendance of witnesses to
testify on your behalf.
You have the right, through your attorney, to confront and cross-examine
witnesses who testify against you.
You have the right to remain silent and not incriminate yourself. This
means you cannot be compelled to take the witness stand.
You have the right to present a defense, that is, to testify in your own
behalf, to present evidence and witnesses, and to use the courts
subpoena power to bring evidence and witnesses before the court for
your defense.
You have the right to a preliminary hearing to determine if there is
probable cause to believe that a felony has been committed and that
you are the person who committed the crime.
At a preliminary hearing, you have the same rights I just explained to
you, except the right to have the matter heard by a jury.
Do you understand these rights?

Defendant: [Answers]

Judge: [Mr./Ms.] [name of defendant], have you discussed all these rights,
including your right to a trial by jury, your right to confront and cross-
examine witnesses, and your right against self-incrimination, with your
attorney? Have you discussed your case and defense of your case with
your attorney?

Defendant: [Answers]

Judge: [Mr./Ms.] [name of defendant], do you understand each of these rights


that I have explained to you? Do you have any questions?

Defendant: [Answers]

Judge: Before entering your plea, do you have any questions about what you
are doing today?

Defendant: [Answers]

Judge: [Mr./Ms.] [name of defense counsel], do you believe that you have had
enough time to discuss this case with your client? Have you discussed
[his/her] rights, defenses, and the possible consequences of [his/her]
plea with [him/her]? Are you satisfied your client understands these
things?

Defense [Answers]
Counsel:

Judge: [Mr./Ms.] [name of defendant], are you prepared to enter your plea?

Defendant: [Answers]

Judge: [Mr./Ms.] [name of defendant], you are charged in the complaint with a
[felony/misdemeanor] violation of section ______ of the California Penal
Code, in which it is alleged that you [read substantive allegation of the
complaint] ________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
To that charge, what is your plea?

Defendant: [Answers]

Judge: The court finds that the plea was freely and voluntarily made with an
understanding of the nature of the charges pending as well as the
consequences of the plea. The court finds there is a factual basis for the
plea. The court accepts the defendants plea of not guilty. We must now
schedule a preliminary hearing within the next ten days.

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