CAUSE NO. ______
STATE OF TEXAS § THE COUNTY COURT §
vs. § AT LAW NO. 2 OF
§
______§ ELLIS COUNTY, TEXAS
DEFENDANT'S ACKNOWLEDGEMENT OF WRITTEN AND ORAL ADMONISHMENTS
A. ADMONISHMENTS, Art 26,13, c.c.p.: You are hereby admonished in
writing:
1. You are charged with the MISDEMEANOR offense of:
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2. Punishment Range: If convicted, you face the following range of
punishment:
CLASS A MISDEMEANOR: Confinement in jail for a term not
to exceed one year; a fine not to exceed $4,000; or both such fine and
confinement.
CLASS B MISDEMEANOR: Confinement in jail for a term not
to exceed 180 days; a fine not to exceed $2,000; or both such fine and
confinement.
CLASS B MISDEMEANOR: Confinement in jail for a term not
to exceed 180 days; a fine not to exceed $500; or both such fine and
confinement.
CLASS B MISDEMEANOR: Confinement in jail for a term not
to exceed days; a fine not to exceed ; or both
such fine and confinement.
CLASS C MISDEMEANOR: A fine not to exceed $500.
Other: ______
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3. Plea Agreements: The recommendations of the prosecuting attorney
are not binding on the Court. If a plea agreement does exist, the Court will
inform you whether it will follow or reject the agreement in open court and
before any finding on your plea. Should the Court reject any plea agreement,
you will be permitted to withdraw your plea of guilty or no contest.
4. Permission to Appeal: If the punishment assessed does not exceed
the agreement between you and the prosecutor, the Court must give permission
before you can appeal on any matter in the case except for matters raised by
written motion before trial or jurisdictional matters.
5. Citizenship: If you are not a U.S. citizen, a plea of guilty or
nolo contendere may result in deportation, exclusion from admission to this
country, or the denial of naturalization.
6. Deferred Adjudication: If the Court defers adjudicating your guilt
and places you under community supervision, on violation of any condition you
may be arrested and detained as provided by law. You are then entitled to a
hearing limited to a determination by the Court whether to proceed with an
adjudication of guilt on the original charge. After adjudication of guilt,
all proceedings, including the decision to proceed with adjudication, the
assessment of punishment and your right to appeal continue as if adjudication
of guilt had not been deferred.
7. Sexual Offender Registration Requirements: If you receive community
supervision, a prison or jail term, or deferred adjudication, for an offense
described in Chapter 62 of the Texas Code of Criminal Procedure, you must
meet all the registration requirements set out in that chapter. Failure to
properly register is a separate criminal offense. By affixing signatures to
this document, you and your attorney are acknowledging that your attorney has
advised you regarding any applicable registration requirements under Chapter
62.
8. Offenses Involving Family Violence: If you are convicted of a
misdemeanor offense involving violence where you are or were a spouse,
intimate partner, parent, or guardian of the victim or are or were involved
in another, similar relationship with the victim, it may be unlawful for you
to possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section 922(g) (9) or
Section 46.04(b), Texas Penal Code. If you have any questions whether these
laws make it illegal for you to possess or purchase a firearm, you should
consult an attorney.
9. Discovery: Discovery in a criminal case shall be in conformity with the Texas
Code of Criminal Procedure. You may be entitled to inspect and review documents,
items or information related to your case that is in the possession of the State or
prosecuting attorney. The State is required to disclose to the Defendant any
exculpatory, impeachment, or mitigating document, item, or information in the
possession, custody or control of the State that tends to negate the guilt of the
Defendant or would tend to reduce the punishment for the offense charged.
B. ADMONISHMENTS, Art 26.13, C.C.P.: The Court has, on this date also
provided you with numerous additional oral admonishments, warnings and
instructions.
NOW COMES DEFENDANT in the above styled cause and hereby acknowledges in
open Court that I understand the written and oral admonishments, warnings and
instructions of the Court, including, but not limited to: the nature of the
charges in the indictment or information in this cause; the consequences of a
plea of "guilty" or "nolo contendere"(no contest); the right to enter a plea
of not guilty; the right to a trial before a judge or jury; the right to
remain silent, but if choosing not to remain silent, the possibility that
anything I say can be used against me; and, the right to consult with an
attorney.
Signed this ______day of ______, 20____.
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DEFENDANT PRESIDING JUDGE
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INTERPRETER