Court filing
ADVISEMENT OF STATUTORY & CONSTITUTIONAL RIGHTS filed by Plaintiff USA as to Defendant Bernard… — USA v. Turk (Dkt. 14)
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2022-06-06 |
U.S. District Court for the Central District of California · No. 8:22-cr-00061-JLS · Doc. 14 · 2022-06-06 · Docket on CourtListener
Summary
An Advisement of Defendant's Statutory & Constitutional Rights (form CR-10) in United States of America v. Bernard Turk, No. 8:22-cr-00061-JLS, in the U.S. District Court for the Central District of California, filed June 6, 2022 as Document 14. The two-page court form informs a charged defendant of the right to remain silent, to counsel, and to request appointed counsel, and explains bail hearings, preliminary hearings within 14 days or 21 days, identity hearings for charges from another district, and arraignment and jury trial rights. It closes with the defendant's acknowledgment and a statement of counsel, both dated 06/02/2022, and an unsigned interpreter statement. The first page lists attorney Evan A. Jenness.
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Full text
Evan A. Jenness, Esq. (SBN 136822) 777 S. Figueroa St., Ste. 3800 Los Angeles, CA 90017 Tel. (213) 630-5088 Fax (213) 683-1225 Email: evan@jennesslaw.com CLERK, U.S. DI.S~?ICT COURT a1N - 62022 UNITED STATES DISTRICT C ~ `r_~~~~~.irY CENTRAL DISTRICT OF CALIFORNIA United States of America, I CASE NUMBER: Plaintiff, I 22-cr-21-JLS Bernard Turk ADVISEMENT OF DEFENDANT'S STATUTORY & Defendant. CONSTITUTIONAL RIGHTS You are in the United States District Court for the Central District of California because you have been charged with a crime against the United States or a violation of probation, supervised release, or pretrial release. The Court informs you that you have the following constitutional and statutory rights in connection with these proceedings: You have the right to remain silent. Anything you say, sign, or write can be used against you in this or in any other case. If you have not already received a copy of the charges, you will receive a copy today. You have the right to hire and be represented by a lawyer of your choosing at each and every stage of these proceedings. If you cannot afford to hire a lawyer, you can apply to the Court to have a lawyer appointed to represent you for free from the office of the Federal Public Defender or the Indigent Defense Panel. The application for free counsel includes a financial affidavit, which you must sign under penalty of perjury. If you say something on the form that is not true or leave out material information, you could be charged with another crime, such as perjury or making a false statement. If you are not a United States citizen, you may request that the prosecution notify your consular office that you have been arrested. Even without such a request, the law may require the prosecution to do so. IF YOU ARE MAKING YOUR INITIAL APPEARANCE BEFORE THE COURT You have a right to a bail hearing in which the Magistrate Judge will determine whether you will be released from custody before trial. If you disagree with the Magistrate Judge's decision, you can appeal that decision to another Judge of this Court. You or the prosecutor can request that the bail hearing be continued to another day. If you have been charged by complaint, you are entitled to a preliminary hearing within 14 days if the Magistrate Judge orders that you be detained pending trial, or 21 days if the Magistrate Judge orders that you be released pending trial. In a preliminary hearing, the prosecution will attempt to show that there is probable cause to believe that you committed the crime charged in the complaint. You will not be entitled to a preliminary hearing, however, if the prosecution obtains an indictment in your case before the time set for the preliminary hearing. (Most often, the prosecutors in the Central District of California present their cases to the grand jury before the time set for the preliminary hearing and, therefore, no preliminary hearing is held.) IF YOU ARE CHARGED WITH A VIOLATION OF YOUR CONDITIONS OF SUPERVISED RELEASE OR PROBATION If you are charged with a violation of the terms and conditions of your supervised release or probation and the Magistrate Judge detains you, you have the right to a preliminary hearing before a Magistrate Judge. CR-i0 (06/18) ADVISEMENT OF DEFENDANT'S STATUTORY &CONSTITUTIONAL RIGHTS PAGE 1 OF 2 continued on Page 2 Case 8:22-cr-00061-JLS Document 14 Filed 06/06/22 Page 1 of 2 Page ID #:59 IF YOU ARE CHARGED IN ANOTHER DISTRICT If you have been arrested on a charge from another district, you are entitled to wait until the prosecution produces a copy of the warrant authorizing your arrest. You are also entitled to an identity hearing in which the prosecution would have the burden of proving there is probable cause to believe that you are the person named in the charges. If you are charged in a complaint from another district, you may request to have a preliminary hearing held in the charging district. If you are charged with a violation of a term of supervised release or probation imposed in another district, you have a right to a preliminary hearing, which may, depending on where the alleged violation occurred, beheld either here or in the charging district. If you want to plead guilty in the Central District of California, you may request to have your case transferred to this district. To proceed in this district, the United States Attorneys for this district and the charging district must agree to the transfer. IF YOU ARE APPEARING FOR ARRAIGNMENT If you have been charged by indictment or information, you will be arraigned and maybe asked to enter a not guilty plea today. After your arraignment, your case will be assigned to a District Judge of this Court for all further proceedings, unless a Judge has already been assigned. You are entitled to a speedy and public trial by jury. The right to a jury trial can be waived. You are entitled to see and hear the evidence and cross-examine the witnesses against you. You are entitled to the processes of the Court to subpoena witnesses on your behalf without cost to you if you are indigent. You do not have to prove your innocence. The prosecution has the burden to prove your guilt beyond a reasonable doubt. ACKNOWLEDGMENT OF DEFENDANT: I have read the above Advisement of Rights and understand it. I do not require a translation of this statement nor do I require an interpreter for court proceedings. Dated: 06/02/2022 I have personally heard a translation in the _ understand the above Advisement of Rights. language read to me and Dated: Signature o De en ant STATEMENT OF THE INTERPRETER: I have translated this Advisement of Rights to the Defendant in the language. Dated: Signature o Interpreter Print Name o Interpreter STATEMENT OF COUNSEL: I am satisfied that the defendant has read this Advisement of Rights or has heard the interpretation thereof and that he/she understands it. Dated: 06/02/2022 ~.s~.►,. C~. ~ Signature o Attorney Signature of Defendant ~OY] CR-i0 (06/18) ADVISEMENT OF DEFENDANT'S STATUTORY &CONSTITUTIONAL RIGHTS PAGE 2 OF 2 Case 8:22-cr-00061-JLS Document 14 Filed 06/06/22 Page 2 of 2 Page ID #:60
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