Advisement of Defendant’s Statutory & Constitutional Rights (Dkt. 8, C.D. Cal.)
Summary
This two-page Central District of California form CR-10, Advisement of Defendant's Statutory & Constitutional Rights, was filed on 03/26/20 as Document 8 in Case 2:20-mj-01341. It tells a defendant appearing in federal court of the right to remain silent and to hire a lawyer, or to apply for one appointed free from the Federal Public Defender or the Indigent Defense Panel. It describes the bail hearing and, for a defendant charged by complaint, a preliminary hearing within 14 days if detained or 21 days if released pending trial. Later sections cover charges from another district, arraignment, and the right to a speedy and public trial by jury, at which the prosecution has the burden to prove guilt beyond a reasonable doubt. The form ends with an acknowledgment for the defendant and statements for an interpreter and the judge.
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
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Case 2:20-mj-01341-DUTY Document 8 Filed 03/26/20 Page 1 of 2 Page ID #:33
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ADVISEMENT OF
DEFENDANT'S STATUTORY &
~/~ ~n I]~1 Defendant CONSTITUTIONAI,RIGHTS
You are in fine United States District~our
with a crime against the United States t for the Central District of California because you have been charged
or a violation of probation, supervised release,
Court informs you that you have the or pretrial release. The
following constitutional and statutory righ
proceedings: ts in connection with these
You have the right to renaai.n silent Anything
any other case. ynu say, sign, or write can be used against you
in this or in
'
If you have not already received a copy ofthe
charges, you will receive a copy today.
Yau have the right to hire and be represented
these proceedings. If you cannot afford to by a lawyer of your choosing at
hire a Iawyer, you can apply to the Court to each and every stage of
to represent you for free from the office have a lawyer appointed
application for free counsel includes a finanof the Federal Public Defender or the Indigent Defense Panel. The
cial
sap something on the form that is not true or affidavit, which you must sign under penalty of perjury. If you
leave out material information, you could be
crime,such as perjury or making a false stat charged with another
ement.
Ir`~ you are not a United Stites citiz
that you have been arrested. Even without en, you may request that the prosecution notify your consulax office
such a request,the law may require the ~ros
ecu~on to do so.
I~ YT(3U ARE MAKIlOG YO~JR INITF.AL APP
EARANCE BEFORE THE C~3URT
You have a right to a bail he~~ng in whic
released from custody before trial. If you h the Magistrate judge will determine whether
disa gree you will be
decision to ar3other Judge of this Court. You with the Magistrate Judge's decision, you can
or the prosecutor can regeest thatthe bail hear appeal that
another day. ing be continued to
ii you nave beep c'riarged by complain
Magistrate Judge orders that you be detzined , you are enut~ed io a preliminary hearing within 14 days if the
Bending trial, or 21 days if the Magistrate Jzdge
released penc~iing trial. In a preliminary l~ea orders that you be
taus to~ believe th2t yoL commii~ed the ring, the prosecution wild, a,`te~pt to show that there is probable
cru~
pr~~~;r~~y ~.e~ririg, ~t~wever, ii one prosecLi ~ charged in the complaint You will not be enti~ied to a
prelirni~ary hearing. {Most often, the prosecLt io~ obtains zn indictment ~n y~iz►- case before
the ume set for th.e
ars in tfie Central District of Califarr~a present
grand jury before the time set for the prelimin
ary hearing and, therefore, no preli~i.~a.~-y hear t~ieir cases to the
ing is heId.)
I~ YE3iJ ~R~ C~~E~ '~VI'T~ ~ VI~~
Y~~JR C~N~3ITIC)I~~ ~F ~~.7~'~R~SED ~Ei, ,A'~"I~31`~ ~#~
EASE GR PRQ~1~.'~F€3I~
If you are charged wi~li ~ violation of ih~ term
a.~~d the Magistrate judge detains you, you have s and condi~ons of your supervised re?e.~se
~tbe right to a prei_uuninary hearing before a N~gistra or pro'aatit~n
te Judge.
CR-10 (06/1$) ~ ADVISEMENT f}F DEFENDA~l5 STATUTOR
Y & Cf334STITUTTQNAz RIGI~TS PAGE 1 OF 2
contanv_ed on Page 2
' ;``J
Case 2:20-mj-01341-DUTY Document 8 Filed 03/26/20 Page 2 of 2 Page ID #:34
IF YOU ARE CHARGED IN ANOTHER DISTRICT
If you have been arrested on a chazge from anofiher district,
produces a copy ofthe warrant authorizing your arrest. You are you aze entitled to wait un.~til the prosecution
prosecution would have the burden of proving there is probable also entitled to an identity hearing in which the
in fine charges. 7f you are charged in a complaint from anothe cause to believe that you are the person named
r 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 distric#, you have a right to a
where the alleged violation occurred,be held either here or in preluninasy hearing, which may, depending on
the chazging district.
If you want to plead giulty in the Central District of
transferred to ~s «~stFict To proceed in this ciis#~ict, the California, you may request to have your case
charging district must agree to the transfer. United Slates Attorneys for this district and the
IF YOU AREAPPEARING FOR ARRAIGNMENT
Ifyou have been charged. by indictrnent or information, you wi11
a not guilty plea today. After pour arraignment, your case will. be be arraigned and maybe asked to enter
all fiirther proceedings,unless a judge has already been assigned. assign ed to a District Judge of this Court for
You are entitled to a speedy and public trial byjury. The right to jury
a trial can be waived.
You are entifled to see and hear the evidence and cross-examin
entifiled to the processes of the Court to subpoena witnesses e the wit~-~esses against you. You are
on your behalf without cost to you if you are
indigent. You do not have to prove your innocence. T'he prosec
ution has the burden to prove your guilt
beyond a reasonable doubt
ACKNOWLEDGMENT OF DEFENDANT:
I have read the above Advisement ofRights and understand it I do not
require a translation ofthis statement
nor.do I require an interpreter for court proceedings.
Dated: ~j
.~~'~ ~- M d
signature o rzdant
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I have personally heard a translation in the _ language read to me and
understand the above Advisement of Rights.
Dated
Signature o De t
S'I'ATEN~[ENT OF THE INTERPRETER:
I have translated this Advisement of Rights to the Defendant in the language.
Date:
Signafurs ofInterpreter ~.
PriniNameo Interpreter
l
J~f~~~~~~~ Q~ ~~~.~~' :
I am satisfied that the defendant has read -phis A~vise~.ent aiRights or has heard.
thereof and ~.iat he/she und~rs~ancis ii. #h.e
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CR-10(06/18) AD`JISF~'fEP+~ OF DEFiI~T3AN1S ST'ATUTQAY Y~ C~TUTION..~.L
BL~I'TS PAGE 2 OF2
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