ADVISEMENT OF STATUTORY & CONSTITUTIONAL RIGHTS filed by Defendant Hassan Kanyike — USA v. Kanyike (Dkt. 9)

Record facts

U.S. District Court for the Central District of California · No. 2:20-mj-05936-DUTY · Doc. 9 · 2020-12-09 · Docket on CourtListener

Summary

A CR-10 Advisement of Defendant's Statutory & Constitutional Rights filed December 9, 2020 for defendant Hassan Kanyike in United States v. Kanyike, No. 2:20-mj-05936-DUTY, in the U.S. District Court for the Central District of California, docketed as Doc. 9. The form advises the defendant of the right to remain silent, to retained or appointed counsel, and to request consular notification if not a U.S. citizen. It explains rights at an initial appearance, including a bail hearing and a preliminary hearing within 14 days if detained or 21 days if released, and rights when charged in another district or appearing for arraignment. The two-page form closes with the defendant's acknowledgment, dated 12/9/2020 and signed by counsel with his permission, and a statement of counsel.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

ll~;li(~KAri ~:. C~UNGAL~;G (t3ar No. 310153)
Depu+~~ Federal Public Defender
321 E. 2nd Street
Los Angeles, CA 90012
(Deborah_Gonzalez@fd.org)
(213)894-7867
CASE NUMBER:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
United States of America,
Plaintiff,
DEC - g 2020
20-mj-05936
HASSAN KANYIKE 
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-l0 (06/18) 
ADVISEMENT OF DEFENDANT'S STATUTORY &CONSTITUTIONAL RIGHTS 
PAGE 1 OF 2
continued on Page 2
Case 2:20-mj-05936-DUTY     Document 9     Filed 12/09/20     Page 1 of 2   Page ID #:44

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, be held 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: 12/9/2020
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
Dated:
language.
Signature of Interpreter
Print Name of 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: 12/9/2020
Signature of Attorne
CR-l0 (06/18) 
ADVISEMENT OF DEFENDANT'S STATUTORY &CONSTITUTIONAL RIGHTS 
PAGE 2 OF 2
/s/ Hassan Kanyike (signed by counsel with Mr. Kanyike's
p~r_~i~sion)
Signature of Defendant
~OY~
Case 2:20-mj-05936-DUTY     Document 9     Filed 12/09/20     Page 2 of 2   Page ID #:45

File and source

File

gov.uscourts.cacd.804252.9.0.pdf

Size

325,793 bytes

SHA-256

7b660dd02e6937fc970c6ba6f161e1e72080e2a541ac65672a6e446b2c553ab5

Our copy

gov.uscourts.cacd.804252.9.0.pdf

Original

PACER (login required)